Idaho Code
Idaho Code

Idaho Code § 18-1403 (2026)

Punishment for burglary. 

✓ current as of May 2026
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Punishment for burglary. 

Burglary is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years.

Notes of Decisions
Cited in 84 cases (3 in the last 5 years), 1956–2024 · leading case: State v. Morris, 954 P.2d 681 (Idaho Ct. App. 1998).
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State v. Morris, 954 P.2d 681 (Idaho Ct. App. 1998). · cites it 36× “§ 18-1402, which drew a distinction between first and second degree burglary, and also amended I.C. § 18-1403, reducing the maximum sentence from fifteen years to ten years.”
State v. Ryan M. Rawlings, 363 P.3d 339 (Idaho 2015). · cites it 8× “12 Idaho Code section 18-1403 defines the potential penalties for burglary as “imprisonment in the state prison for not less than one (1) nor more than ten (10) years.”
State v. Wolfe, 582 P.2d 728 (Idaho 1978). · cites it 4× “I.C. § 18-1403. Therefore the sentence was not illegal.”
State v. Lopez, 680 P.2d 869 (Idaho Ct. App. 1984). · cites it 2× “§ 18-4504); a term of fifteen years for the burglary conviction (I.C. § 18-1403); and two terms of life for the robbery counts (I.”
Goodwin v. State, 61 P.3d 626 (Idaho Ct. App. 2002). · cites it 2× “1 The information that trial counsel knew or should have known included, but was not limited to, the following: (1) Goodwin pled guilty to burglary, a felony punishable by imprisonment for not less than one nor more than ten years pursuant to I.C. § 18-1403; (2) Goodwin’s…”
State v. Tipton, 587 P.2d 305 (Idaho 1978). · cites it 8× “I.C. §§ 18-1403 and -308. The record indicates that the defendant understood this before entering his pleas.”
State v. Coffin, 661 P.2d 328 (Idaho 1983). · cites it 4× “Therefore, the trial court did not err in sentencing the defendant on his conviction of first degree burglary, and within the confines of I.C. § 18-1403, which allows imposition of a fifteen year sentence upon such conviction.”
State v. Toohill, 650 P.2d 707 (Idaho Ct. App. 1982). “Consequently, we are relegated to the task of deciding whether a “clear abuse” has been affirmatively shown.”
State v. Dunnagan, 609 P.2d 657 (Idaho 1980). · cites it 4× “At the time of the sentencing, Allen and Leland were 21 and 20 years of age, respectively. Their presentence reports, and earlier psychological reports portray two young men with very low IQ's.”
State v. Harwood, 572 P.2d 1228 (Idaho 1977). · cites it 4× “I.C. § 18-1403. At the time of the burglary appellant was 17 years of age and, therefore, within the purview of the Youth Rehabilitation Act.”
State v. Chapel, 687 P.2d 583 (Idaho Ct. App. 1984). · cites it 2× “I.C. § 18-1403. Therefore, Chapel must prove the district court abused its discretion in imposing this sentence.”
State v. Jesse Elias, 337 P.3d 670 (Idaho 2014). · cites it 4× “was aware of the impending penetration or that her will was rendered ineffective by Elias’ use of force. Therefore, we must reverse Count I of the judgment of conviction.”
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