Idaho Trespassing Penalties (2026)

Criminal trespassing charges charges in Idaho: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Idaho, consult a licensed Idaho criminal defense attorney.

Idaho Trespassing Penalties

OffensePenalty
First OffenseMisdemeanor: up to 6 months, $1,000 fine
Second OffenseMisdemeanor; enhanced if armed

IC §18-7008

Trespassing Statute of Limitations in Idaho

In Idaho, the statute of limitations for theft and property crimes is generally 5 years.

See all Idaho statutes of limitations →

Defending Against Trespassing Charges in Idaho

Common defenses in Idaho trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Idaho criminal defense attorney for advice.

Related Idaho Laws