Idaho Theft Laws: Grand Theft Over $1,000, Petit Theft and Shoplifting

In Idaho, theft is grand theft, a felony, when "the value of the property taken exceeds one thousand dollars ($1,000)" (Idaho Code 18-2407(1)(b)1.), so property worth exactly $1,000 is petit theft. Idaho also makes some thefts grand theft regardless of value, including firearms, property taken from the person and livestock worth over $150. Shoplifting is graded under the same general theft statutes, and entering a store with intent to commit theft is also burglary under Idaho Code 18-1401. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Idaho state theft law in Title 18 of the Idaho Code (Chapter 24, Theft, and the shoplifting-related sections of Chapter 46), the burglary sections that reach store theft (18-1401, 18-1401A, 18-1403), the persistent violator statute 19-2514, and the civil shoplifting statutes in Title 48, Chapter 7. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Idaho

Idaho folds the old property crimes into one offense. Under 18-2401(1), "Conduct denominated theft in this chapter constitutes a single offense superceding the separate offenses previously known as embezzlement, extortion, false pretenses, cheats, misrepresentations, larceny and receiving stolen goods."

The core definition is in 18-2403(1): "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." Section 18-2403 goes on to cover theft by deception, by acquiring lost property, by false promise and by extortion, receiving stolen property, and theft of labor, services or the use of property. Under 18-2403(5)(b), a person who rents a motor vehicle or other equipment under a written agreement and willfully or intentionally fails to return it "within forty-eight (48) hours after the time specified" commits theft.

How value is measured

Under 18-2402(11)(a), value "means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime." Checks and similar instruments are valued at the amount due on them, and tickets at their stated price (18-2402(11)(b)). If value cannot be satisfactorily ascertained under those rules, "its value shall be deemed to be one thousand dollars ($1,000) or less" (18-2402(11)(c)), which keeps the offense below the grand theft value line.

Idaho theft penalties: grand theft vs. petit theft

Section 18-2407 divides theft into two degrees, grand theft and petit theft, and 18-2408 sets the punishment for each.

Under 18-2407(2), "A person is guilty of petit theft when he commits a theft as defined in this chapter and his actions do not constitute grand theft." Petit theft's one-year jail maximum is set in 18-2408(3).

These are the ordinary statutory ranges. Idaho's persistent violator statute, 19-2514, can raise them: "Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life."

Aggregation and the three-day rule

Two parts of 18-2407(1)(b) let separate thefts be counted together:

• Common scheme (item 8): "When any series of thefts, comprised of individual thefts having a value of one thousand dollars ($1,000) or less, are part of a common scheme or plan, the thefts may be aggregated in one (1) count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars ($1,000)."
• Criminal episode (item 9): theft is grand theft when "The property has an aggregate value over fifty dollars ($50.00) and is stolen during three (3) or more incidents of theft during a criminal episode." A criminal episode "shall mean a series of unlawful acts committed over a period of up to three (3) days."

Chapter 24 has no rule that raises petit theft to grand theft because of earlier theft convictions; its repeat-offense rules are limited to the theft detection device offenses in 18-2411 and the unused merchandise offenses in 18-2421, described below. Commercial burglary (18-1401A, described under shoplifting) has its own repeat-offense ladder.

Shoplifting in Idaho

Idaho has no separately graded shoplifting offense in its theft chapter. Taking merchandise from a store is theft under 18-2403 and is graded as petit or grand theft under 18-2407, using the same value line and the same three-day criminal episode rule. Several other sections address store theft directly:

• Price tag and label switching (18-4624): "A person steals property and commits theft by the alteration, transfer or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail price with the intention of depriving the merchant of the value of such merchandise."
• Willful concealment (18-4626(a)): "Whoever, without authority, willfully conceals the goods, wares or merchandise of any store or merchant, while still upon the premises of such store or merchant, shall be guilty of a misdemeanor," punishable by a fine of not more than $1,000, up to 6 months in county jail, or both. "Goods, wares or merchandise found concealed upon the person shall be prima facie evidence of a willful concealment."
• Theft detection devices (18-2411): making, selling or distributing a bag or device intended to shield merchandise from an electronic or magnetic theft alarm sensor; possessing one "with the intent to commit theft"; possessing a tool designed to remove theft detection devices without the merchant's permission; or intentionally removing a theft detection device "from a product prior to purchase." A first offense is a misdemeanor. A second violation "within five (5) years" is a felony punishable by a fine up to $1,000, up to 5 years in state custody, or both.
• Photographs as evidence (18-4625): photographs of the merchandise, with a sworn written description, are competent evidence, and the goods may then be returned to the store.

Burglary and commercial burglary

Store theft also overlaps with Idaho's burglary chapter. Under 18-1401, "Every person who enters any house, room, apartment, tenement, store, shop, warehouse, mill, barn, stable, outhouse, or a building, tent, vessel, vehicle, trailer, airplane, or railroad car with intent to commit any theft or any felony is guilty of burglary." Under 18-1403, "Burglary is punishable by imprisonment in the state prison for not less than one (1) nor more than ten (10) years." That penalty does not depend on the value taken, and a crime punishable by imprisonment in the state prison is a felony under 18-111.

Section 18-1401A, added in 2020 and amended in 2021, separately defines commercial burglary: a burglary under 18-1401 "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)." A first violation is a misdemeanor punishable by up to 6 months in jail, a $1,000 fine, or both. A person found guilty of, or pleading guilty to, commercial burglary who previously has been found guilty of, or has pled guilty to, one violation within five years commits a misdemeanor punishable by up to 1 year, a $2,000 fine, or both. A person 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."

Organized retail theft

Idaho's theft chapter (18-2401 to 18-2421) and its larceny chapter (18-4616 to 18-4631) contain no separate organized retail theft offense. House Bill 598 of 2024, titled "Organized retail theft," was referred to the House Judiciary committee and did not become law. Coordinated store thefts are graded under the general theft and aggregation rules above, and the burglary and commercial burglary sections (18-1401, 18-1401A) also reach entering a store with intent to commit theft.

Merchant detention

Two statutes cover detaining a suspected shoplifter:

• Under 48-704(b), a merchant who "has reason to believe that merchandise has been taken by a person in violation of this act and that he can recover such merchandise by taking such a person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, in a reasonable manner and for a reasonable length of time." Under 48-705, "No merchant shall be entitled to immunity from liability provided for in this act unless there is displayed in a conspicuous place on his premises a notice not less than thirteen (13) inches wide and twenty-one (21) inches long," in substantially the statutory form.
• Under 18-4626(b), a store owner or authorized employee or agent who detains a person on or near the premises to investigate ownership of merchandise has a defense in any civil or criminal action if the detention was "in a reasonable manner and for not more than a reasonable time" and there was probable cause to believe the person was committing or attempting willful concealment. "Reasonable time" means the time needed for the person to make or refuse to make a statement and to examine employees and store records about ownership of the merchandise.

Can a store demand money after shoplifting in Idaho?

Idaho's civil shoplifting statute is in Title 48, Chapter 7. Under 48-701:

"Any person who knowingly removes merchandise from a merchant's premises without paying therefor, or knowingly conceals merchandise to avoid paying therefor, or knowingly commits retail theft, shall be civilly liable to the merchant for the retail value of the merchandise, plus damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of suit and reasonable attorneys' fees."

Section 48-701 does not mention a criminal conviction. Under 48-702, "The parent having legal custody, of a minor" who does the same is liable on the same terms, the liability of the parents and the minor "is joint and several," and "A parent not having legal custody of a minor shall not be liable." A minor is a person under 18 (48-703(d)).

The statute sets what a merchant can recover; it does not decide whether a particular demand is valid. A lawyer licensed in Idaho can advise on a specific demand letter.

Other theft offenses with their own grades

Recent changes

Idaho's theft grading section, 18-2407, was last amended in 2002, and its punishment section, 18-2408, the same year. In 2022 (2022, ch. 212), the definition of "owner" in 18-2402(6) was amended so that a person who delivers goods to a purchaser who entered the agreement with no intention to pay keeps "a superior right to possession of such goods or property over the fraudulent purchaser." Commercial burglary (18-1401A) was added in 2020 (2020, ch. 219) and amended in 2021 (2021, ch. 185). A 2024 organized retail theft bill (House Bill 598) did not become law.

Related legal issues

• Theft by deception, false promises and other fraud schemes are covered in our guide to Idaho scam and fraud laws.
• Theft of a check or financial transaction card is grand theft; identity fraud is covered in Idaho identity theft laws.
• Whether a theft record can be cleared is covered in Idaho expungement laws.
• Deadlines for bringing charges are covered in the Idaho statute of limitations guide.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Idaho scam and fraud laws
• Idaho identity theft laws
• Idaho expungement laws

This article provides general legal information about Idaho theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Idaho.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Idaho?

Theft is grand theft, a felony, when the value of the property taken exceeds $1,000 (Idaho Code 18-2407(1)(b)1.). It is punishable by 1 to 14 years in state prison, a fine up to $5,000, or both (18-2408(2)(a)).

Is stealing $1,000 a felony in Idaho?

Not on value alone. The grand theft line is a value that exceeds $1,000, so property worth exactly $1,000 is petit theft unless another grand theft rule, such as a firearm or theft from the person, applies.

What is petit theft in Idaho?

Petit theft is any theft that does not meet a grand theft rule (18-2407(2)). It is a misdemeanor punishable by up to 1 year in county jail, a fine up to $1,000, or both (18-2408(3)).

Is shoplifting a felony in Idaho?

Under Idaho's general theft statutes, shoplifting is grand theft, a felony, when the merchandise is worth more than $1,000 or another grand theft rule applies, such as three or more thefts in a criminal episode of up to three days totaling over $50. Value is not the only line: entering a store with intent to commit theft is also burglary under 18-1401, punishable by 1 to 10 years in state prison (18-1403) regardless of value, and 18-1401A makes a store-entry burglary involving a theft under $300 from a commercial retailer during business hours commercial burglary, a misdemeanor for a first or second violation and a felony for a person with two or more prior guilty findings or pleas within five years.

Can several small thefts add up to grand theft in Idaho?

Yes. Thefts of $1,000 or less that are part of a common scheme or plan may be aggregated in one count, and property with an aggregate value over $50 stolen during three or more incidents within a criminal episode of up to three days is grand theft (18-2407(1)(b)8., 9.).

Can a store make me pay after shoplifting in Idaho?

Under Idaho Code 48-701, a person who knowingly removes or conceals merchandise without paying, or knowingly commits retail theft, is civilly liable to the merchant for the retail value plus $100 to $250 in damages, costs of suit and reasonable attorney fees. The parent with legal custody of a minor is liable on the same terms (48-702).

Is stealing a gun a felony in Idaho?

Yes. Theft of one or more firearms, rifles or shotguns is grand theft regardless of value (18-2407(1)(b)6.), punishable by 1 to 14 years, a fine up to $5,000, or both.