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:
- Defendant willfully entered or remained in a structure or conveyance.
- The structure or conveyance was in the lawful possession of the person alleging the trespass.
- 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.
- Defendant had been authorized, licensed, or invited to enter or remain in a structure or conveyance.
- The owner, the lessee, or a person authorized by the owner or lessee of the premises warned the defendant to depart.
- 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.