Idaho Code
Idaho Code

Idaho Code § 18-4626 (2026)

Willful concealment of goods, wares or merchandise — Defense for detention. 

✓ current as of May 2026
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Willful concealment of goods, wares or merchandise — Defense for detention. 

(a) Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment.

(b)  Any owner, his authorized employee or agent of any store or merchant, apprehending or detaining a person on or in the immediate vicinity of the premises of any store or merchant, for the purpose of investigation or questioning as to the ownership of any goods, wares or merchandise, shall have as a defense in any action, civil or criminal, that such detention of the person or persons was in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer or by the owner of the store or merchant, his authorized employee or agent, and that such peace officer, owner, employee or agent had probable cause to believe that the person so detained was committing or attempting to commit an offense as set forth in subsection (a) of this section. "Reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the store or merchant relative to ownership of the merchandise.
Notes of Decisions
Cited in 4 cases, 1982–2014 · leading case: State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994).
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State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994). · cites it 4× “At trial the magistrate instructed the jury on the charged offense of petit theft and also on the lesser included offense of wilful concealment, I.C. § 18-4626(a). 1 Fetterly requested a jury instruction on the statutory definition of negligence as set forth in I.”
State v. Martinez, 988 P.2d 710 (Idaho Ct. App. 1999). · cites it 2× “§ 48-704(b), and criminal willful concealment statute, I.C. § 18-4626(b), permit any merchant who has reason to believe that merchandise has been taken by a person in violation of the willful concealment or shoplifting acts to detain the person for the purposes of investigating…”
Smith v. Mun. of Anchorage, 652 P.2d 499 (Alaska Ct. App. 1982). “Idaho Code § 18-4626 (1979); N.H.Rev.Stat.”
State v. Jeremy Joseph Brown (Idaho Ct. App. 2014). · cites it 2× “§ 18-3905 (transportation of hazardous waste); I.C. § 18-4626 (willful concealment of goods, wares or merchandise); I.”
Idaho Code § 18-4626(a): 1 case
State v. Fetterly, 886 P.2d 780 (Idaho Ct. App. 1994). “At trial the magistrate instructed the jury on the charged offense of petit theft and also on the lesser included offense of wilful concealment, I.C. § 18-4626(a). 1 Fetterly requested a jury instruction on the statutory definition of negligence as set forth in I.”
Idaho Code § 18-4626(b): 1 case
State v. Martinez, 988 P.2d 710 (Idaho Ct. App. 1999). “§ 48-704(b), and criminal willful concealment statute, I.C. § 18-4626(b), permit any merchant who has reason to believe that merchandise has been taken by a person in violation of the willful concealment or shoplifting acts to detain the person for the purposes of investigating…”
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