Rating: –1

Bill Summary:

Senate Bill 1086 creates a new section, 18-7045, in Idaho Code to establish criminal penalties for individuals who violate posted restrictions on land use for recreational purposes. The law applies to land managed by either private owners or government entities and classifies such violations under the state’s existing criminal trespass statute (18-7008(3)), which can escalate from misdemeanors to felonies depending on prior violations and circumstances.

The bill defines “notice” broadly, allowing signage such as “use restrictions apply” at entry points, provided a website or phone number is available to obtain further details. There is no requirement that the violation be committed knowingly or willfully; any infraction of a posted or communicated rule—such as a vehicle type restriction, a ban on glass bottles, or leash requirements—may trigger criminal liability. The law is effective July 1, 2025.

Reason for Rating:

S1086 earns a negative rating due to its excessive criminalization of recreational land use without requiring intent or knowledge of a violation. While the Idaho Republican Party Platform strongly supports property rights, it also calls for laws to be just, limited, and fairly enforced. This bill empowers both private landowners and government entities to post vague or overly broad restrictions that, if violated—even unintentionally—can result in criminal charges. By failing to require willful or knowing conduct, the bill invites disproportionate punishment for minor or accidental infractions. It risks chilling public access to both private and public lands, creates ambiguity in enforcement, and undermines core platform principles of limited government and due process. For these reasons, S1086 receives a negative rating.