Trespass in a Structure in Florida
The crime of Trespass in a Structure can be committed in one of two ways.
Under Florida Statute 810.08, the crime of Trespass in a Structure is committed when a person:
- willfully enters or remains in a structure without being authorized, licensed, or invited; or
- refuses to exit a structure after being asked by an owner or authorized agent to do so even though the person was originally authorized, licensed, or invited to enter.
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof.
Offense Enhancements
In Florida, the penalties of Trespass in a Structure are enhanced if the structure was occupied or if the defendant was armed with a firearm or a dangerous weapon.
Penalties for Trespass in a Structure
The crime of Trespass in a Structure is a Second Degree Misdemeanor in Florida.
If convicted of Trespass in a Structure, a judge can impose any combination of the following penalties:
- Up to sixty (60) days in jail.
- Up to six (6) months of probation.
- Up to $500 in fines.
Trespass in an Occupied Structure
The crime of Trespass in an Occupied Structure is a First Degree Misdemeanor in Florida.
A structure is considered occupied if the owners or other occupants happen to be present when the trespass occurs.
If convicted of Trespass of an Occupied Structure, a judge can impose any combination of the following penalties:
- Up to twelve (12) months in jail.
- Up to twelve (12) months of probation.
- Up to $1,000 in fines.
Armed Trespass in a Structure
The crime of Armed Trespass in a Structure is a Third Degree Felony and is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code.
A person is considered armed if they are in possession of a firearm or another dangerous weapon when the trespass occurs.
If convicted of Armed Trespass in a Structure, a judge can impose any combination of the following penalties:
- Up to five (5) years in jail.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Trespass in a Structure
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Trespass in a Structure include:
Stale or Overridden Warning
Where there is a structure that has multiple residents, such as an apartment building, a previous trespass warning cannot be the basis of a Trespass in a Structure charge if you are subsequently invited or allowed back in by a new resident or a person with greater authority.
Unenclosed Curtilage
To trespass on the curtilage of a structure, the curtilage must be enclosed. Where a defendant enters the unenclosed parking lot of a store, it cannot be considered the curtilage of the building for trespass purposes. [1]
Lack of Intent
One of the elements necessary to support a conviction for Trespass in a Structure is the intent to unlawfully enter the structure. Usually this is proven by showing that a person entered stealthily.
But if a person can show they thought entry inside the structure was permissible, a conviction for Trespass in a Structure will not stand because the trespass cannot be considered to have been done willfully.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Trespass in a Structure in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.