Idaho Code
Idaho Code

Idaho Code § 18-1401 (2026)

Burglary defined. 

✓ current as of May 2026
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Burglary defined. 

Every person who enters any house, room, apartment, tenement, store, shop, warehouse, mill, barn, stable, outhouse, or a building, tent, vessel, vehicle, trailer, airplane, or railroad car with intent to commit any theft or any felony is guilty of burglary.

Notes of Decisions
Cited in 467 cases (46 in the last 5 years), 1955–2026 · leading case: State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015).
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State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). · cites it 24× “Logsdon identified the classification being challenged as follows: The motion has two different points: One is the attack on the—for lacking an equal application, for whatever reason, blocking out the entering of certain spaces for further punishment rather than thieves that…”
State v. Jesse Jay Weeks, 370 P.3d 398 (Idaho Ct. App. 2016). · cites it 8× “§ 18-1401, the State must prove a person entered “any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony.”
State v. Oldham, 438 P.2d 275 (Idaho 1968). · cites it 13× “Appellants object specifically to an alleged lack of precision in the information charging first degree burglary and the illegal acts committed, and to a failure to describe directly and certainly the property taken.”
State v. Sonny Charles Rome, 368 P.3d 660 (Idaho Ct. App. 2016). · cites it 18× “During Rome’s sentencing hearing for aiding and abetting a burglary and persistent violator status, the district court sentenced Rome to twelve years, with four years determinate.”
State v. Huffman, 159 P.3d 838 (Idaho 2007). · cites it 2× “Huffman was charged with burglary, I.C. § 18-1401, and grand theft, I.C. §§ 18-2403, 18-2407.”
State v. Martinez, 891 P.2d 1061 (Idaho Ct. App. 1995). · cites it 11× “1 Idaho Code § 18-1401 defines burglary to include, among other things, entry into a “closed vehicle” with intent to commit theft or any felony.”
State v. Wolfe, 582 P.2d 728 (Idaho 1978). · cites it 4× “Wolfe was then sent to the North Idaho Correctional Institution (hereinafter NICI) at Cottonwood in accord with the recommendation of the presentence report.”
Goodwin v. State, 61 P.3d 626 (Idaho Ct. App. 2002). · cites it 2× “I.C. §§ 18-1401, -1403. The district court sentenced Goodwin to a unified term of ten years, with a minimum period of confinement of five years.”
State v. Oxford, 473 P.3d 784 (Idaho 2020). · cites it 6× “The State filed a complaint against Oxford, alleging she committed the crimes of Burglary, I.C. § 18-1401, and Kidnapping in the Second Degree, I.”
State v. Andrew Dallas Morgan, 288 P.3d 835 (Idaho Ct. App. 2012). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND The State charged Morgan with one count of burglary, Idaho Code § 18-1401 , and three counts of grand theft, Idaho Code §§ 18-2403 (1), -2407(l)(b).”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). · cites it 2× “enters or remains") Idaho Code § 18-1401 ("enters") Ind.Code § 35-43-2-1 ("breaks and enters") Iowa Code § 713.”
State v. Smith, 77 P.3d 984 (Idaho Ct. App. 2003). · cites it 10× “Definition of Burglary Idaho Code § 18-1401 defines burglary as follows: Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad ear, with intent…”
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