This is a newly created (2020) theft offense in Idaho. All acts that fell under the definition of Burglary used to be charged as a felony. This new offense creates a misdemeanor version of Burglary under certain situations.

Idaho Commercial Burglary

Misdemeanor Commercial Burglary 

Under Idaho Code Section §18-1401A, Commercial Burglary is defined as follows:

Any person who commits a burglary as defined in section 18-1401, Idaho Code, with the intent to commit theft and the theft is from a commercial retailer during business hours and the amount of the theft is under three hundred dollars ($300) is guilty of commercial burglary. Any person who pleads guilty to, or is found guilty of, a violation of this section for the first time is guilty of a misdemeanor.

Punishment For Misdemeanor Commercial Burglary In Idaho

Any person who pleads guilty to, or is found guilty of, a violation of this section may be sentenced to a jail sentence not to exceed six (6) months, a fine of one thousand dollars ($1,000), or both.

Second Offense Misdemeanor Commercial Burglary

Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, a violation of the provisions of this section within five (5) years is guilty of a misdemeanor and may be sentenced to a jail sentence not to exceed one (1) year, a fine of two thousand dollars ($2,000), or both.

Felony Commercial Burglary

Any person who pleads guilty to, or is found guilty of, a violation of this section who previously has been found guilty of, or has pled guilty to, two (2) or more violations of the provisions of this section within five (5) years, notwithstanding the form of the judgments or withheld judgments, shall be guilty of a felony.

Commercial Burglary vs Petit Theft and/or Shoplifting

You may have noticed that Commercial Burglary and Petit Theft (Petty Theft) or Shoplifting share a very similar definition. The basic difference between the two is intent when you enter the store. Burglary is entering an establishment with the intent to commit a theft offense therein. Petit Theft may occur out of impulse rather than premeditation. If the evidence indicates that you intended to commit a crime when you entered a retailer then you are likely to be charged with Commercial Burglary rather that Petit Theft.

What To Do?

If you or a loved one is charged with Commercial Burglary in Idaho, contact our office. We are happy to have a discussion about the case and answer your questions.