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IdahoS 12962026 regular legislative sessionSenate

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

Sponsored By: STATE AFFAIRS COMMITTEE

Signed by Governor

CRIMINAL TRESPASS

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

Harsher penalties for trespass and damage

Beginning July 1, 2026, Idaho increases penalties for trespass, especially when damage is over $1,000. A first offense with that level of damage carries up to 6 months in jail and a $1,500 to $5,000 fine. A second conviction within 5 years carries up to 6 months in jail, a $5,000 to $10,000 fine, and a possible 1‑year suspension of a license issued under chapter 3, title 36. With two or more prior violations within 10 years, the crime can be a felony with 1 to 5 years in custody, a $15,000 to $50,000 fine, and a possible license suspension up to 5 years. Courts must also order restitution so victims are paid for their losses.

Clear rules for land access and streams

Beginning July 1, 2026, landowners or their agents can revoke permission to enter at any time by clear oral or written notice. You are not guilty of trespass if you have a real right to be there, such as an invitation, lease, easement, contract, or lawful authority like police, emergency workers, or licensed professionals. Posting a navigable stream does not block public access below the high‑water mark under state law.

New crime for disrupting churches

Beginning July 1, 2026, it is criminal trespass to enter or stay at a church or house of worship without permission to intimidate, harass, or disrupt a service. A first conviction is a misdemeanor with up to 6 months in jail and a $500 to $1,000 fine. Repeat offenses face higher penalties under the law’s general trespass tiers.

Sponsors & Cosponsors

Sponsor

  • STATE AFFAIRS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Kelly Arthur Anthon

    Republican • Senate

  • Cornel S. Rasor

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 103 • No: 0

Senate vote • 3/17/2026

Senate Floor Vote

Yes: 70 • No: 0

Senate vote • 3/3/2026

Senate Floor Vote

Yes: 33 • No: 0

Actions Timeline

  1. Signed by Governor on 03/19/26 Session Law Chapter 78 Effective: 07/01/2026

    3/23/2026

  2. Reported signed by the Speaker & ordered delivered to Governor

    3/19/2026

  3. Reported enrolled; signed by President; to House for signature of Speaker

    3/18/2026Senate

  4. Read Third Time in Full – PASSED - 70-0-0

    3/17/2026House

  5. U.C. to hold place on third reading calendar one legislative day

    3/16/2026House

  6. U.C. to hold place on third reading calendar until Monday, March 16, 2026

    3/13/2026House

  7. U.C. to hold place on third reading calendar until Friday, March 13, 2026

    3/12/2026House

  8. U.C. to hold place on third reading calendar one legislative day

    3/11/2026House

  9. Read second time; Filed for Third Reading

    3/10/2026House

  10. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/9/2026House

  11. Received from the Senate, Filed for First Reading

    3/4/2026House

  12. Read third time in full – PASSED - 33-0-2

    3/3/2026Senate

  13. Read second time; filed for Third Reading

    2/26/2026Senate

  14. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/25/2026Senate

  15. Reported Printed; referred to State Affairs

    2/16/2026Senate

  16. Introduced; read first time; referred to JR for Printing

    2/13/2026Senate

Bill Text

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