commercial burglary defined.
Any person who commits a burglary as defined in section 18-1401, Idaho Code, with the intent to commit theft and the theft is from a commercial retailer during business hours and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary. Any person who pleads guilty to, or is found guilty of, a violation of this section for the first time is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both. Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.
Notes of Decisions
Cited in
6
cases (
6 in the last 5 years), 2023–2026 · leading case:
State v. Eaton (Idaho 2024).
State v. Eaton (Idaho 2024).
· cites it 22× “” I.C. § 18-1401A. Eaton filed a motion seeking to reduce her felony charge of burglary to commercial burglary under the new statute.”
State v. Eaton (Idaho 2025).
· cites it 22× “” I.C. § 18-1401A. Eaton filed a motion seeking to reduce her felony charge of burglary to commercial burglary under the new statute.”
State v. Eaton, 564 P.3d 1224 (Idaho 2025).
· cites it 22× “” I.C. § 18-1401A. Eaton filed a motion seeking to reduce her felony charge of burglary to commercial burglary under the new statute.”
State v. Eaton (Idaho 2025).
· cites it 22× “” I.C. § 18-1401A. Eaton filed a motion seeking to reduce her felony charge of burglary to commercial burglary under the new statute.”
State v. Eaton (Idaho Ct. App. 2023).
· cites it 10× “The basis for Eaton’s motion was the Idaho Legislature’s enactment of I.C. § 18-1401A, which became effective July 1, 2020.”
State v. John Doe (2024-36) (Idaho Ct. App. 2026).
· cites it 2× “§ 18-5413(2); and commercial burglary, I.C. § 18-1401A. The magistrate court placed Doe on house arrest and ordered, among other release conditions, a 7:00 p.”
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