Criminal Trespass

TRESPASS—IN STRUCTURE OR CONVEYANCE IN FLORIDA

§810.08, Fla. Stat.

To prove the crime of Trespass in a Structure or Conveyance, the State must prove the following three elements beyond a reasonable doubt:

  1. Defendant willfully entered or remained in a structure or conveyance.
  2. The structure or conveyance was in the lawful possession of the person alleging the trespass.
  3. Defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by the person alleging
    the trespass or any other person authorized to give that permission.

OR

  1. Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
  2. The owner, the lessee, or a person authorized by the owner or lessee of the premises warned the defendant to depart.
  3. Defendant refused to depart.

Penalties for Trespass

A Trespass of an Unoccupied Structure or Unoccupied Conyveyance is a misdemeanor of the second degree punishable by up to sixty days in jail and a fine not exceeding $500.

A Trespass of an Occupied Structure or Occupied Conveyance is a misdemeanor of the first degree punishable by up to one year in jail and a fine not exceeding $1,000.

A trespass can be charged as a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000, when the defendant is armed with a firearm or other dangerous weapon.