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S 1296

CRIMINAL TRESPASS – Amends existing law to provide for criminal trespass of a church and to provide a penalty.

68th Legislature, 2nd Regular Session (2026)

Idaho bill creates new criminal offense for church trespassing with unspecified penalties, raising questions about religious property protection and First Amendment implications.

Signed by Governor on 03/19/26 Session Law Chapter 78 Effective: 07/01/2026
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Bill Summary · S 1296

Legislative bill overview

S 1296 creates a new criminal offense specifically for trespassing on church property in Idaho. The bill amends existing trespass law to explicitly include churches and establishes penalties for violating this new provision.

Why is this important

Churches are currently protected under general trespass laws, but this bill creates a distinct offense targeting religious properties specifically. This could affect how law enforcement responds to unwanted entry at churches and may influence prosecution strategies for incidents at religious facilities.

Potential points of contention

  • First Amendment concerns: Critics may argue that creating church-specific trespass laws could raise constitutional questions about preferential treatment of religious institutions over secular property
  • Clarity of "trespass": The bill's definition of what constitutes trespass on church grounds—including during services, outdoor areas, or parking lots—remains unclear without seeing the full text
  • Penalty consistency: Questions about whether church trespass penalties should differ from general property trespass, and whether this creates unequal legal treatment based on property owner type

Compiled from official sources — confirm details with the bill’s official record.

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