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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
CRIMES AND PUNISHMENTS
CHAPTER 90
IMMIGRATION COOPERATION AND ENFORCEMENT ACT
18-9003. illegal entry. (1) A person who is an alien and is eighteen (18) years of age or older commits an offense if the person knowingly enters or attempts to enter this state or is at any time present in this state after having entered the United States in violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).
(2) A violation of this section shall be a misdemeanor upon a first conviction. A second or subsequent conviction shall be a felony.
(3) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code.
(4) It shall be an affirmative defense to prosecution under this section that:
(a) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute; or
(b) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (3) of this section.
(5) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or a withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.
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