Bill Description: Senate Bill 1086 would criminalize acts of failing to abide by "use restrictions" on government or private land when used for recreational purposes. 

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Senate Bill 1086 would create Section 18-7045, Idaho Code, to classify as criminal trespassing any failure to abide by any notice of "closures, restrictions, regulations, or prohibitions" posted by "any government entity that manages or controls land" or "any owner of land" when the notice is "in relation to use of the land for recreational purposes."

The penalties for trespass (which escalate to felonies under some conditions) found in Section 18-7008(3), Idaho Code, would apply to any violation of this law. 

Under this law, "notice" includes "posting signs at gates or road or trail entry points onto the land that state 'use restrictions apply' or similar wording." This definition could include a wide range of restrictions such as only allowing 4WD (but not AWD) vehicles and prohibiting glass bottles or unleashed dogs. 

Of note, there is no requirement in this law that a violation be committed willfully or knowingly. 

While certain willful violations of land use restrictions might constitute criminal trespass, this law's broad application to even an unintentional failure to abide by every instruction printed on a sign is excessive.

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