What Is Criminal Trespass in Idaho?

In Idaho, criminal trespass happens when someone enters any property and remains there without permission. According to Idaho Code § 18-7008, it is an offense to knowingly enter land, buildings, or other premises after being warned not to—whether by a posted “No Trespassing” sign, a fence, or a verbal or written warning from the property owner or occupant. If a person is asked to leave a property and refuses to do so, that also constitutes trespass.

A person‘s intent is particularly important in establishing the elements of the offense. Willfully meant that the person knowingly crossed the line and violated the right of the property owner to control access to the property. This law encompasses all forms of property, whether residential or business, agricultural, or enclosed land, and even cultivated areas. If someone enters a property for a noncriminal purpose, they can still be prosecuted for trespass if they did not have permission to enter.

In Idaho, criminal trespass is a misdemeanor, but the consequences of a misdemeanor can vary due to factors such as damage to property and repeated offenses.

How to Look Up Public Criminal Trespass Records in Idaho

Individuals interested in public criminal trespass records in Idaho can access the Idaho Court Data Repository, which serves as an online tool of the state of Idaho. This tool enables users to search criminal records, including trespassing, by entering a name or a case number. This service costs nothing. The user will receive information including the dates of the court hearings, the status of the case, and the outcome. If a person wants more information or wants to get certified copies of the records, they can inquire with the clerk of the court in the case‘s home county.

Keep in mind, though, that no state accessible records will include sealed or expunged records. The only case records that will show up in search results will be active, public, or archived cases that remain open and accessible for public inspection.

Types of Criminal Trespass Offenses

In Idaho, criminal trespass offenses can vary in severity depending on the circumstances and intent behind the act. The state generally classifies these types of crimes under the Idaho Code § 18-7008 as follows:

• Criminal Trespass as an Infraction: This is the least serious trespass. It occurs when someone enters another’s land and does not realize that this is not allowed. For instance, entering posted land or cultivated fields, without any intention to harm or injure anything, is treated as an infraction. It is punishable by a fine; however, there is no jail time.
• Criminal Trespass as a Misdemeanor: This occurs when a person enters or remains on private property after being told to leave, either verbally or through posted signs or fencing, and when there is damage to property or interference with the lawful activities of a person. Misdemeanor trespass can result in higher fines, probation, or jail time.
• Aggravated Trespass: While rare, this more serious offense happens when other crimes are involved in trespassing or when the trespass involves entering a home. Such cases may have increased punishment.

Penalties for Criminal Trespass in Idaho

In Idaho, penalties for criminal trespass vary based on the offense's severity and related circumstances. According to Idaho Code § 18-7008, someone committing a simple, first-time trespass, like inadvertently going onto land that has posted signs, would likely get an infraction, which has a maximum penalty of a $300 fine and no jail time. If a person knows they are trespassing on and remaining on private land and has been requested to leave, then the offense is a misdemeanor, which is punishable by 6 months' jail time and a $1,000 fine.

If the trespasser damages property, enters a residence, or has a firearm, then the potential penalties get more severe. Multiple trespassing incidents that are repetitive after a warning, and going into restricted areas of the government or crossing the borders of for-profit commercial spaces, can lead to more serious penalties. Although Idaho has very little explicit felony prosecution for criminal trespass, it can happen if the trespass is linked with a serious adjacent crime like burglary or vandalism.

Can You Be Arrested for Criminal Trespass in Idaho?

Yes, criminal trespass in Idaho remains an arrestable offense. Officers of the law may arrest an individual who violates the law by remaining on private or restricted premises, particularly when they refuse to leave after a warning. Police may arrest an individual for trespassing after the fact when there is solid proof, including surveillance recordings, on-the-scene testimonies, or complaints from the property owner. There may be situations where police arrest in the case of minor infractions, but in general, when a person enters without authority or remains on a private section of land, an arrest is expected as a normal response, especially since it is a misdemeanor in Idaho law.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Idaho

In Idaho, criminal trespass is often confused with the legal concepts of burglary or breaking and entering, but they are distinct offenses. Idaho Code § 18-7008 states that trespass is entering or remaining on a person’s property unauthorized, irrespective of the person’s criminal intent. Thus, someone can be charged with trespass even if they do not intend to commit a crime, such as burglary, because the problem is the unauthorized presence.

Burglary, as defined under Idaho Code § 18-1401, requires the additional presence of the intent to commit theft or another felony when an unauthorized person enters a building. Thus, a person can be charged with burglary irrespective of the taking of property. Idaho law does not define the concept of “breaking and entering” separately. It is generally subsumed under the offense of burglary, provided there is an intent to commit a criminal offense.

Overall, the main difference is that the offense of trespass has to do with remaining or entering unlawfully. At the same time, there is the additional crime of intent for the offense of burglary. Forced entry, which is not required for either offense, can elevate the charges.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Idaho?

If there is a criminal trespass charge in Idaho, it may be dismissed or reduced, especially for first-time offenders or those cases involving non-willful, minor conduct. Plea deals are given in Idaho, where a misdemeanor trespass charge is reduced to an infraction. This means that the accused only bears the responsibility of a fine and does not serve jail time for the misdemeanor trespass. There are some counties in Idaho where people complete community service, attend scheduled classes, or remain trouble-free for a specified time and get diversion or deferred adjudication. This becomes an automatic dismissal of the case, and there is no conviction.

Judges may also show leniency if the trespass was accidental, caused no property damage, or if the person left quickly after being asked to. While it is not guaranteed, cooperating and having a clean record can increase the chances of a good outcome.

Even if a conviction happens, Idaho law lets individuals request expungement or record sealing once they meet the eligibility criteria. This process can help take the offense out of public view and lessen its long-term effects on job or housing opportunities.

Will an Idaho Criminal Trespass Charge Stay on Your Record?

An Idaho criminal trespass charge can show up on a person’s criminal record and may appear in background checks, even for small incidents. If someone is convicted, the record usually stays permanent unless it gets sealed or erased later. This means employers, landlords, or licensing agencies may see the offense during a background check.

However, if the case was dismissed, resolved through a diversion program, or ended with a deferred judgment without a conviction, it might not show up as a criminal record. In these cases, the person can often ask the court to erase or remove the record completely, keeping it from being available to the public.

Idaho allows record sealing or expungement in certain situations, especially for cases that were dismissed, resulted in an acquittal, or involved infractions rather than criminal convictions. Individuals who completed a diversion program or were found not guilty can often qualify sooner. Clearing the record helps prevent a criminal trespass charge from affecting employment, education, or housing opportunities in the long run.

Expungement or Record Sealing Options in Idaho

In Idaho, expungement and record sealing provide limited but significant relief for people with a criminal trespass charge or conviction. Although the state does not allow most adult criminal convictions to be completely erased through expungement, certain non-conviction records, such as dismissed charges, acquittals, or cases resolved through diversion, can be expunged or sealed from public view under Idaho Code § 67-3004(10).

Expungement usually means the destruction or removal of a record, while record sealing limits public access but keeps the file available to courts and law enforcement. In Idaho, record sealing is more common than full expungement.

A person may qualify to have a criminal trespass record sealed if they were not convicted, completed a diversion or deferred judgment program, or if enough time has passed without any new offenses. Also, juvenile trespass cases have broader eligibility for expungement.

Sealing or expunging a trespass record can help individuals move forward by keeping the incident off most background checks, as this improves opportunities for employment, housing, and professional licensing.