Trespass And Orange Paint
Idaho Code § 18-7008 — told to leave, fenced, cultivated, or posted with signs or orange paint, and a $300 infraction for a first offense
A person commits criminal trespass by entering or remaining on another's land without permission, knowing or having reason to know their presence is not permitted.
- Failing to leave immediately after the owner or an agent says to, or coming back without permission within a year.
- Land reasonably associated with a home or business.
- Cultivated land.
- Land fenced in a way a reasonable person would see as a private boundary.
- Unfenced, uncultivated land posted with conspicuous no trespassing signs or bright orange or fluorescent paint at its corners and where roads, streams and gates enter it.
Those are the ways a person has reason to know presence is not permitted.
A first offense. A first trespass with no damage, by a person who leaves when ordered to, is an infraction with a fine of $300. Otherwise a first offense carries up to six months and a fine of $500 to $1,000, rising for later offenses and for trespass causing damage over $1,000.
An owner may revoke permission at any time, for any reason. Posting does not close navigable streams below the high-water mark. The civil trespass section adds its own damages. A particular case is a question for a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 18-7008 — Criminal trespass, definitions and acts constituting
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.