Idaho § 18-9003
Full text of Idaho Idaho Statutes § 18-9003, with citation guidance and answers to common questions.
§ 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.
[18-9003, added 2025, ch. 183, sec. 1, p. 857; am. 2026, ch. 165, sec. 2, p. 724.]
Frequently Asked Questions About Idaho § 18-9003
What does Idaho Statutes § 18-9003 cover?
Section 18-9003 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 18-9003?
A common citation format is "Idaho Statutes § 18-9003" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 18-9003 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.