Idaho Grand Theft | Idaho Criminal Defense
If you have been charged with Grand Theft in Idaho it is important that you understand the charges against you and what your legal rights are. Idaho's theft laws can be complex and severe. You should not try to take on the criminal justice system on your own.
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Idaho Grand Theft
In Idaho, Grand Theft is the theft of money or property valued at over $1000.
Pursuant to the Idaho Law (Idaho Code §18-2403), a "Theft" occurs when: A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
What Is Grand Theft?
Theft crimes in Idaho are divided into two primary categories: Grand Theft and Petit Theft (or Petty Theft). Grand Theft is a felony and the more serious of these two offenses. Generally, Grand Theft is defined as the theft of money or property valued at over $1000.
The key factor distinguishing these offenses is the value of the stolen goods. For instance, stealing something worth $2,000 is considered a much more serious crime than taking an item valued at $200. In Idaho, if the value of what was taken is $1,000 or more, the act is classified as Grand Theft—a felony that carries significant penalties. On the other hand, if the value is less than $1,000 and there are no aggravating factors (like the use of violence), the crime is usually charged as Petit Theft, which is treated as a less severe offense.
Section 18-2407 of the Idaho Code defines which theft offenses should be classified as Grand Theft and which should be Petit Theft. While the list of theft offenses is long, for the most part Grand Theft is defined by the value (or potential value) of the property stolen or the type of property stolen.
But what exactly qualifies as Grand Theft in Idaho? Here are some of the main scenarios:
- Value of Property: If the property or money stolen is worth more than $1,000, it's considered Grand Theft.
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Type of Property: Grand Theft isn't just about expensive items. It also covers theft of:
- Public records, writings, or instruments kept with any public office or official,
- Checks, drafts, orders for payment, financial transaction cards or account numbers,
- Any property—regardless of its value—taken directly from another person,
- Firearms, rifles, or shotguns,
- Livestock or any other animal worth more than $150.
- Extortion: If the theft is committed by extortion—meaning the victim is threatened with physical harm, property damage, or abuse of a public servant's power—it's classified as Grand Theft, no matter the value.
- Specific Items: The theft of anhydrous ammonia is always considered Grand Theft under Idaho law.
Grand Theft can also apply when multiple thefts are committed as part of a common scheme or plan. If a series of thefts—when combined—surpass $1,000 in value, they may be charged together as a single count of grand theft. Additionally, if property with a combined value over $50 is stolen during three or more incidents within a "criminal episode" (a series of unlawful acts over up to three days), this too will be considered grand theft under Idaho law.
By comparison, Petit Theft is a misdemeanor and applies when the circumstances of the theft do not meet any of the thresholds above for Grand Theft. In other words, if the value is $1,000 or less and none of the special conditions apply, it's Petit Theft.
What Is a “Criminal Episode” in Idaho Theft Law?
Idaho law treats multiple thefts committed within a short time frame as particularly serious. If someone commits three or more thefts over a period of up to three days, and the combined value of the stolen property is more than $50, these incidents can be grouped together as a single "criminal episode." In these cases, even relatively minor thefts, when accumulated, may be charged collectively as Grand Theft. This means you don't have to steal something expensive in a single act—several smaller thefts, if linked by timing and intent, can add up to a felony-level charge.
What is "Theft" Under Idaho Law?
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The definition of "Theft" above is very broad and filled with grey area. In order to clear up any confusion the Idaho Code (I.C. §18-2403) defines several example "theft actions" of Grand Theft (also called "Modes" of Grand Theft):
Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent [to deprive the owner of said property], committed in any of the following ways:
- By deception obtains or exerts control over property of the owner;
- By larceny; common law larceny by trick; embezzlement; extortion; obtaining property, money or labor under false pretenses; or receiving stolen goods;
- By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;
- By false promise: A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.
- By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will [take some action causing harm to the person]
- Taking or transferring: When a person knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.
- Receiving or possessing stolen property: By knowingly receiving, retaining, concealing, obtaining control over, possessing, or disposing of stolen property, knowing the property to have been stolen or under such circumstances as would reasonably induce him to believe that the property was stolen
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Theft of labor or services or use of property:
- A person commits theft when he obtains the temporary use of property, labor or services of another which are available only for hire, by means of threat or deception or knowing that such use is without the consent of the person providing the property, labor or services.
- By renting or leasing a motor vehicle or other equipment under an agreement in writing which provides for the return of the vehicle or other equipment to a particular place at a particular time, and fails to return the vehicle or other equipment to that place within forty-eight (48) hours after the time specified.
- A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.
Can Acquiring Lost Property Be Considered Theft in Idaho?
Yes, under Idaho law, taking possession of lost property can amount to theft if you keep it knowing it isn't yours. If you find something that clearly belongs to someone else—whether it's been lost, left behind, or delivered to you by mistake—and you make no reasonable effort to return it to the rightful owner, Idaho courts may treat it the same as if you'd taken property outright. In other words, simply picking up lost or misdelivered items and deciding to keep them, rather than trying to find the owner, can land you on the wrong side of Idaho's theft statutes.
Punishment For Grand Theft In Idaho
The possible penalties for a grand theft conviction in Idaho are harsh. You could face up to 20 years in prison, a fine approaching $10,000, or both. These are not just numbers on a page—they represent the very real possibility of extended incarceration, significant financial hardship, and the lifelong consequences that follow a serious felony conviction. That's why it's essential to understand the severity of these charges and the importance of exploring all available legal defense strategies. All Grand Theft charges are felonies. Idaho Code §18-2408 outlines the potential penalties.
Grand Theft Penalties:
- A fine of up to $5000
- A prison sentence of up to 14 years in the state penitentiary
- Restitution
- Probation/Parole
- Anti-theft course, counseling, substance treatment
Under certain circumstances these potential penalties are increased to: A fine not exceeding $10,000 or imprisonment or not less than 1 year and not more than 20 years, or both.
The sentence you may face for grand theft in Idaho depends on several factors, including the exact details of your case and your individual circumstances. Courts look at elements such as the type and value of the property taken, how the theft was committed, your prior criminal record, and any aggravating factors involved. Because of this, sentencing is not “one size fits all”—judges have the discretion to weigh these variables when determining your punishment under Idaho law.
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However, the court punishment for Grand Theft may just be the beginning...
The negative effects of a Grand Theft conviction do not stop after you leave the courtroom. Grand Theft is considered a "crime of moral turpitude." As such, individuals convicted of Grand Theft are likely to suffer serious short-term and long-term consequences beyond those ordered by the court; potentially affecting employment, personal relationships, education, housing, and reputation.
A Grand Theft Conviction can have the following consequences:
- Maintaining current employment
- Higher education applications
- Gaining future employment
- State licensing
- Obtaining professional licenses and certifications
- Federal Student Loans for education
- Housing applications
- other government benefits.
The conviction will appear on any background checks, and employers tend to pass on applicants with theft records, fearing them to be dishonest and having the potential to steal from their companies.
In short, a grand theft conviction in Idaho is not something that simply fades away with time. The risks are real and the stakes are high—making it all the more important to take immediate steps to protect your future when facing such a charge.
Fight Your Idaho Grand Theft Case
Do not let a Grand Theft conviction follow you around for the rest of your life. Let me fight to keep you out of jail and keep a theft conviction off your record.
An experienced Idaho Grand Theft attorney can fight the charge and potentially have the charge reduced or dismissed. Every Grand Theft case is different and the attorneys at Schofield and Young scrutinize the facts of every case to assert the best possible defense. Even if the evidence is overwhelming, we can fight to try and get the charge reduced or limit the punishment as far as possible. Don't fight the system on your own, you have too much on the line. Protect your rights and your freedom.
Contact Schofield and Young about your Idaho Grand Theft case
