Amends existing law to provide for criminal trespass of a church and to provide a penalty.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1296 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO CRIMINAL TRESPASS; AMENDING SECTION 18-7008, IDAHO CODE, TO2 PROVIDE FOR CRIMINAL TRESPASS OF A CHURCH AND TO PROVIDE A PENALTY; AND3 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 18-7008, Idaho Code, be, and the same is hereby6 amended to read as follows:7 18-7008. CRIMINAL TRESPASS -- DEFINITIONS AND ACTS CONSTITUT-8 ING. (1) Definitions. As used in this section:9 (a) "Crops" means field crops including, but not limited to, grains,10 feed crops, legumes, fruits and vegetables.11 (b) "Cultivated land" means:12 (i) Land whose soil is loosened or broken up for the raising of13 crops;14 (ii) Land used for the raising of crops; or15 (iii) Pasturage that is artificially irrigated.16 (c) "Damage" means any injury or damage to real or personal property17 and includes, but is not limited to, any of the following actions, when18 conducted without lawful authority, the consent of the landowner or his19 agent, or a valid license:20 (i) Cutting down or carrying off any wood, underbrush, tree or21 timber, or girdling or otherwise injuring any tree or timber on the22 land of another;23 (ii) Severing from the property of another anything attached24 thereto, or the produce thereof;25 (iii) Digging, taking or carrying away any earth, soil or stone26 from the property of another;27 (iv) Tearing down or otherwise damaging any fence on the land of28 another person, or opening any gate, bar or fence of another person29 and leaving it open, or using the corral or corrals of another per-30 son;31 (v) Dumping trash or covering up in any manner the property of32 another person;33 (vi) The unprovoked, intentional killing or injuring of a domes-34 tic animal of another on his property;35 (vii) Removing, mutilating, damaging or destroying any "no tres-36 passing" signs or markers of similar meaning;37 (viii) Going through or driving a motor vehicle, as defined in sec-38 tions 49-114 and 49-123, Idaho Code, into, upon, over or through39 any cultivated lands; or40 (ix) Injuring livestock.41

2 (d) "Enter" or "enters" means going upon or over real property either1 in person or by causing any object, substance or force to go upon or over2 real property.3 (e) "Navigable streams" shall have the meaning set forth in section4 36-1601, Idaho Code.5 (f) "Permission" means written authorization from the owner or his6 agent to enter upon private land, which shall include the signature of7 the owner or his agent, the name of the person being given permission,8 the appropriate dates that the permission is valid and a general de-9 scription of the property; or another form of permission or invitation10 recognized by law.11 (g) "Remains" means to fail to depart from the real property of another12 immediately when notified to do so by the owner or his agent.13 (2) Acts constituting criminal trespass.14 (a) A person commits criminal trespass and is guilty of a misdemeanor,15 except as provided in subsection (3)(a)(i) of this section, when he16 enters or remains on the real property of another without permission,17 knowing or with reason to know that his presence is not permitted. A18 person has reason to know his presence is not permitted when, except un-19 der a landlord-tenant relationship, he fails to depart immediately from20 the real property of another after being notified by the owner or his21 agent to do so, or he returns without permission or invitation within22 one (1) year, unless a longer period of time is designated by the owner23 or his agent. In addition, a person has reason to know that his pres-24 ence is not permitted on real property that meets any of the following25 descriptions:26 (i) The property is reasonably associated with a residence or27 place of business;28 (ii) The property is cultivated;29 (iii) The property is fenced or otherwise enclosed in a manner30 that a reasonable person would recognize as delineating a private31 property boundary. Provided, however, if the property adjoins32 or is contained within public lands, the fence line adjacent to33 public land is posted with conspicuous "no trespassing" signs or34 bright orange or fluorescent paint at the corners of the fence35 adjoining public land and at all navigable streams, roads, gates36 and rights-of-way entering the private land from the public land,37 and is posted in a manner that a reasonable person would be put on38 notice that it is private land; or39 (iv) The property is unfenced and uncultivated but is posted with40 conspicuous "no trespassing" signs or bright orange or fluores-41 cent paint at all property corners and boundaries where the prop-42 erty intersects navigable streams, roads, gates and rights-of-way43 entering the land, and is posted in a manner that a reasonable per-44 son would be put on notice that it is private land.45 (b) A person commits criminal trespass and is guilty of a misdemeanor46 when he enters or remains on the premises of a church or house of worship47 without permission, knowing or with reason to know that his presence is48 not permitted and with the intent to intimidate or harass or to disrupt a49 church service or assemblage of people meeting for religious worship.50

3 (b) (c) Every person who commits a criminal trespass as provided by this1 section and who causes damage to real or personal property in excess of2 one thousand dollars ($1,000) while trespassing is guilty of criminal3 trespass with damage and is guilty of a misdemeanor, except as provided4 in subsection (3)(b)(iii) of this section.5 (3) Penalties.6 (a) Penalties for criminal trespass.7 (i) Any person who pleads guilty to or is found guilty of a viola-8 tion of subsection (2)(a) of this section for the first time:9 1. If no damage of any kind was committed during the trespass10 and the person accused does not remain if ordered to depart11 by the owner of the real property or his agent, then the per-12 son shall be guilty of an infraction and fined in the amount13 of three hundred dollars ($300); or14 2. Except as provided in subparagraph (i)1. of this para-15 graph, the person may be sentenced to jail for a period of no16 more than six (6) months and shall be fined in an amount no17 less than five hundred dollars ($500) and no more than one18 thousand dollars ($1,000).19 (ii) Any person who pleads guilty to or is found guilty of a viola-20 tion of subsection (2)(b) of this section for the first time shall21 be guilty of a misdemeanor and may be sentenced to jail for a period22 of no more than six (6) months and shall be fined in an amount no23 less than five hundred dollars ($500) and no more than one thousand24 dollars ($1,000).25 (ii) (iii) Any person who pleads guilty to or is found guilty of a26 violation of subsection (2)(a) or (b) of this section for a second27 time within five (5) years:28 1. May be sentenced to jail for a period of no more than six29 (6) months;30 2. Shall be fined in an amount no less than one thousand five31 hundred dollars ($1,500) and no more than three thousand32 dollars ($3,000); and33 3. If the trespass can be reasonably construed to have been34 committed in a manner described in section 36-1603(a), Idaho35 Code, shall have any license issued pursuant to chapter 3,36 title 36, Idaho Code, suspended for a period of one (1) year.37 (iii) (iv) Any person who pleads guilty to or is found guilty of38 a violation of subsection (2)(a) or (b) of this section, who pre-39 viously has been found guilty of or has pled guilty to two (2) or40 more violations of the provisions of subsection (2) of this sec-41 tion within ten (10) years, notwithstanding the form of the judg-42 ments or withheld judgments:43 1. May be sentenced to jail for a period no more than one (1)44 year;45 2. Shall be fined an amount no less than five thousand46 dollars ($5,000) and no more than ten thousand dollars47 ($10,000); and48 3. If the trespass can be reasonably construed to have been49 committed in a manner described in section 36-1603(a), Idaho50

4 Code, shall have any license issued pursuant to chapter 3,1 title 36, Idaho Code, suspended for a period of no more than2 five (5) years.3 (b) Penalties for criminal trespass with damage.4 (i) Any person who pleads guilty to or is found guilty of a viola-5 tion of subsection (2)(b)(c) of this section for the first time:6 1. May be sentenced to jail for a period of no more than six7 (6) months; and8 2. Shall be fined in an amount no less than one thousand five9 hundred dollars ($1,500) and no more than five thousand dol-10 lars ($5,000).11 (ii) Any person who pleads guilty to or is found guilty of a vio-12 lation of subsection (2)(b)(c) of this section for a second time13 within five (5) years:14 1. May be sentenced to jail for a period of no more than six15 (6) months;16 2. Shall be fined in an amount no less than five thou-17 sand dollars ($5,000) and no more than ten thousand dollars18 ($10,000); and19 3. If the trespass can be reasonably construed to have been20 committed in a manner described in section 36-1603(a), Idaho21 Code, shall have any license issued pursuant to chapter 3,22 title 36, Idaho Code, suspended for a period of one (1) year.23 (iii) Any person who pleads guilty to or is found guilty of a vio-24 lation of subsection (2)(b)(c) of this section, who previously has25 been found guilty of or has pled guilty to two (2) or more viola-26 tions of the provisions of subsection (2) of this section within27 ten (10) years, notwithstanding the form of the judgments or with-28 held judgments, is guilty of a felony and:29 1. Shall be sentenced to the custody of the state board of30 correction for a period of no less than one (1) year and no31 more than five (5) years;32 2. Shall be fined in an amount no less than fifteen thou-33 sand dollars ($15,000) and no more than fifty thousand dol-34 lars ($50,000); and35 3. If the trespass can be reasonably construed to have been36 committed in a manner described in section 36-1603(a), Idaho37 Code, shall have any license issued pursuant to chapter 3,38 title 36, Idaho Code, suspended for a period of no less than39 five (5) years.40 (c) In addition to any other penalty prescribed by law, a court shall,41 for any violation of subsection (2) of this section, order restitution42 in accordance with section 19-5304, Idaho Code.43 (4) Posting of navigable streams shall not prohibit access to navigable44 streams below the high-water mark pursuant to section 36-1601, Idaho Code.45 (5) Subject to any rights or authorities described in subsection (6) of46 this section, a landowner or his agent may revoke permission granted under47 this section to another to enter or remain upon his property at any time, for48 any reason, orally, in writing, or by any other form of notice reasonably ap-49 parent to the permitted person or persons.50

5 (6) A person shall not be guilty of trespass under this section for en-1 tering or remaining upon real property if the person entered or remained on2 the property pursuant to any of the following rights or authorities:3 (a) An established right of entry or occupancy of the real property in4 question, including, but not limited to:5 (i) An invitation, whether express or implied, to enter or remain6 on real property including, but not limited to, the right to enter7 property that is, at the time, open to the public, if the person is8 in compliance with lawful conditions imposed on access;9 (ii) A license to enter or remain on real property; or10 (iii) A lease, easement, contract, privilege or other legal right11 to enter, remain upon, possess or use the real property;12 (b) A lawful authority to enter onto or remain upon the real property in13 question, including, but not limited to:14 (i) Any law enforcement officer during the course and scope of15 fulfilling his lawful duties;16 (ii) Any paramedic, firefighter or other emergency personnel dur-17 ing the course and scope of fulfilling his lawful duties; or18 (iii) Any licensed professional otherwise authorized to enter or19 remain on the real property during the course and scope of fulfill-20 ing his lawful duties; or21 (c) Any other person with a legally prescribed right to enter or remain22 upon the real property in question.23 (7) Examples of the exclusions in subsection (6) of this section in-24 clude, but are not limited to: a customer entering and remaining in a store25 during business hours who has not been asked to depart by the property owner26 or his agent; a person knocking on a front door of a property that is not27 posted; a meter reader during the scope and course of his employment; a28 postal employee delivering mail or packages; power company personnel fixing29 downed power lines; a bail bondsman arresting a person who is in violation of30 a bail contract; a tenant pursuant to a valid lease; and the owner or operator31 of any right-of-way or easement for any ditch, canal or other conduit, acting32 pursuant to the provisions of chapter 11 or chapter 12, title 42, Idaho Code.33 (8) The exclusions set forth in this section shall not relieve any per-34 son of civil or criminal liability pursuant to other applicable law for caus-35 ing damage while entering or remaining on the property in question.36

SECTION 2. An emergency existing therefor, which emergency is hereby37 declared to exist, this act shall be in full force and effect on and after38 July 1, 2026.39