Idaho Code
Idaho Code

Idaho Code § 18-7034 (2026)

Unlawful entry. 

✓ current as of May 2026
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Unlawful entry. 

(1) Every person, except under landlord-tenant relationship, who enters any dwelling house, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, closed vehicle, closed trailer, airplane, railroad car or outbuilding, without the consent of the owner of such property or his agent or any person in lawful possession thereof, is guilty of a misdemeanor.

(2)  Any person who enters any permanent or temporary dwelling without the consent of the owner of such property or his agent or any person in lawful possession thereof while being pursued by a peace officer is guilty of a felony. For purposes of this subsection "pursued" means "fresh pursuit" as defined in section 19-705, Idaho Code.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2000–2025 · leading case: State v. Clark, 484 P.3d 187 (Idaho 2021).
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State v. Clark, 484 P.3d 187 (Idaho 2021). · cites it 22× “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003). · cites it 2× “§ 18-920; and unlawful entry, I.C. § 18-7034. A jury found him guilty of all charges after a trial.”
State v. Dunn, 997 P.2d 626 (Idaho Ct. App. 2000). · cites it 2× “The district court’s finding that Dunn was the closest thing to a leader of the group of people involved in this crime is supported by substantial evidence.”
Bobby Allen Cutler v. State of Idaho, 159 P.3d 909 (Idaho Ct. App. 2007). · cites it 2× “§ 37-2732B(a)(4), and unlawful entry, I.C. § 18-7034. 1 He moved to suppress the evidence relating to the drug charge, arguing it was obtained in the course of an illegal search of the car.”
State v. Clark (Idaho 2021). · cites it 22× “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
State v. George Cody Thornock (Idaho Ct. App. 2017). · cites it 2× “§ 37-2732(c), and three counts of unlawful entry, I.C. § 18-7034. 1 The district court imposed concurrent unified sentences of twenty years, with five years determinate, for battery with intent to commit rape and seven years, with three years determinate, for possession of 1…”
State v. Anderson (Idaho Ct. App. 2019). · cites it 2× “§ 37-2734A1); and attempted unlawful entry (I.C. §§ 18-7034, 18- 304). The charges arose when Deputy Ballman observed an individual (later determined to be 1 Anderson) walking down the side of the road.”
State v. Corney (Idaho Ct. App. 2025). · cites it 2× “Later, the State added a persistent violator enhancement, I.C. § 19-2514.”
State v. Culbreth, 193 P.3d 869 (Idaho Ct. App. 2008). · cites it 2× “In addition to her conviction for malicious destruction of property, Culbreth, in breaking into the shelter, likely committed the additional misdemeanor offense of unlawful entry, I.C. § 18-7034, but she was not charged with that offense.”
— Idaho Code § 18-7034(1) — 3 cases
State v. Clark, 484 P.3d 187 (Idaho 2021). “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
State v. Clark (Idaho 2021). “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
State v. Corney (Idaho Ct. App. 2025). “Later, the State added a persistent violator enhancement, I.C. § 19-2514.”
— Idaho Code § 18-7034(2) — 2 cases
State v. Clark, 484 P.3d 187 (Idaho 2021). “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
State v. Clark (Idaho 2021). “In discussing the probable cause inquiry, we noted: 2 Nor does it appear that any person in Idaho, aside from Clark, has appealed a conviction under the felony enhancement of unlawful entry since it was added to Idaho Code section 18-7034 in 2017. 3 Miranda v. Arizona, 384 U.”
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