Trespass 3 times and you’d face a felony under new Idaho proposal

Discussion in 'The Duck Hunters Forum' started by sdkidaho, Feb 9, 2018.

  1. sdkidaho

    sdkidaho Decoy, Gun Dog, Christian, Idaho, Montana/Wyoming Moderator Flyway Manager

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    "Fines for trespassing on private property in Idaho could get stiffer, and habitual offenders could find themselves charged with a felony under a bill introduced in the Legislature on Thursday.

    “We need to change how we deal with trespass on private property,” House Agricultural Affairs Chairwoman Judy Boyle, R-Midvale, told her committee.

    ...

    Boyle, a rancher, said she has experienced a lot of problems on her property."

    Full story here:
    http://www.idahostatesman.com/news/politics-government/state-politics/article199165344.html

    Not sure how I feel about it. If you have habitual offenders, they need stiffer penalties, but a felony? Seems pretty harsh. So this lady politician has had some trespassers and is tired of it and wants to hold them to the flame... Not sure I think it's felony worthy. Hit them with higher monetary fines each time they trespass... something, but a felony?

    A felony conviction takes away a lot of your rights. I'm not sure trespassing equates to a felony. I suppose with more supporting arguments I could possibly be swayed, but...
     
  2. Damian Wiening

    Damian Wiening Elite Refuge Member

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    She could dig a hole, lots of problems are solved by digging and filling a hole.

    Just deeper than these problems,
    [​IMG]
     
  3. HuntTilDusk

    HuntTilDusk New Member

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    So is trespass in Idaho a criminal penalty then? is it a scheduled fine? Here in Iowa it is a civil penalty, taken to civil court and is considered a crime against the land owner, not against the state.
    I with it were opposite here, as do most landowners. The burden of proof of the crime rests solely on the landowner here and about all law enforcement can do is supply LO with correct paperwork and/or testify as a witness if applicable.
     
  4. ReaPeR105

    ReaPeR105 Elite Refuge Member

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    We have a big issue with the homeless/thieves/bums who are warned of trespassing and keep going back. This law may be more directed at an urban issue rather than landowner issues. Just guessing. If Texas were more like Iowa in that regard it would save me a lot of work.
     
  5. bill cooksey

    bill cooksey Elite Refuge Member

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    I like the idea of more teeth, but it seems there should be a time factor in the three violations deal. If it's accumulated over a lifetime, it seems more onerous. I've accidentally crossed property lines more than three times in my life, and I was caught once. Luckily, the guy knew, and liked, the neighbor who had given me permission, and he'd recently taken down an old fence I was told by my landowner marked the property line.
     
  6. CA Birdman

    CA Birdman Elite Refuge Member

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    Don't think it should be a felony. Trespassing even if you did it daily, each offense to me isn't worth a jail sentence greater than a year which I thought was standard for a felony.
     
  7. markd

    markd Elite Refuge Member

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    Start offering a a couple weeks jail time after the 3rd occurrence. That should get people's attention.

    I have been (especially in my younger days) willing to bend the rules with respect to trespass. I have gotten exactly zero tickets for it. People who trespass "generally" know what they are doing. "Generally" it isn't the first time they are doing it when caught.

    The horse riding crowd is the #1 culprit out here then deer/hound hunters.
     
  8. TheDuckSlayer

    TheDuckSlayer Elite Refuge Member

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    Accidentally, huh? :rolleyes:

    Felony for trespassing is ridiculous. Sounds like the politician who drafted the bill is peeved cuz folks are huntin on her land (wild guess is that she’s a non hunter...)
     
  9. stevena198301

    stevena198301 Elite Refuge Member Supporting Member

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    Felony is harsh. It should certainly curb the issue. Then again... some folks think that someone turning around in their drive way should be considered criminal trespass.
     
  10. bill cooksey

    bill cooksey Elite Refuge Member

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    I was being both deliberate and truthful.
     
    TheDuckSlayer likes this.

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