The Different Kinds of Criminal Trespass in Florida

April 7, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

It’s not uncommon to see a “no trespass” sign plastered on a building or on a pole that is on privately owned land warning you to stay off the premises. But what is criminal trespass? Are there different kinds of criminal trespass? Will I face legal penalties if I disregard the sign, and if so, how serious will they be? This blog will explore all these questions and more!

Criminal Trespass Generally

Criminal trespass is defined as the willful entry into or remaining on property without the express or implied consent of the owner of the property. Therefore, the requisite intent is that the defendant “willfully” intended to enter or remain on the property. This means that the defendant can be convicted of criminal trespass even if they didn’t actually intend to trespass or commit a crime. Although the definition may be simple, criminal trespass is broken down into two categories, “Trespass in Structure or Conveyance”, and “Trespass on Property Other Than Structure of Conveyance.”

Trespass in Structure or Conveyance

Codified under Section 810.08 of the Florida Statutes, Trespass in Structure or Conveyance is when a person, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or the lessee, to depart the premises, and refuses to do so. Doing either of these things in violation of the statute will result in a second-degree misdemeanor, punishable by up to 60 days in jail, six months of probation, and a fine of $500. However, if there is a human being in the structure or conveyance at the time of the trespass or attempt to trespass, the punishment is enhanced to a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. Furthermore, if the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the punishment is enhanced to a third-degree felony, punishable by up to five years in prison, five years’ probation, and a $5,000 fine.

Under Section 810.011 of the Florida Statutes, the term “structure” means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. The term “conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

What the Prosecution Must Prove

According to Florida’s jury instructions, the prosecution must prove the following elements beyond a reasonable doubt in order to sustain a charge of Trespass in Structure of Conveyance:

1. The defendant willfully entered or remained in the structure or conveyance, or, having been authorized, licensed, or invited to enter, willfully refused to depart the premises after being warned to do so by the owner or lessee;
2. The structure or conveyance was in the lawful possession of the person or entity who is alleging the trespass;
3. The defendant’s entering or remaining in the structure or conveyance was without authorization, license, or invitation by the person or entity alleging the trespass, or any other person authorized to give that permission.

Trespass on Property Other Than a Structure or Conveyance

Codified under Section 810.09 of the Florida Statutes, Trespass on Property Other than Structure or Conveyance is when a person, who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass.

Generally, since Trespass in Structure or Conveyance involves the trespass into a building or vehicle, Trespass on Property Other Than a Structure or Conveyance generally involves trespass onto land. Furthermore, it’s important to note that “unenclosed curtilage” means the unenclosed land or grounds or any outbuildings that are directly and intimately adjacent to and connected with the dwelling and used in connection with that dwelling in a necessary, convenient, or habitual manner. Violation of this statute constitutes a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. This crime is also enhanced to a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine if the offender is armed with a firearm or other dangerous weapon during the commission of the trespass.

What the Prosecution Must Prove

According to Florida’s jury instructions, the prosecution must prove the following elements beyond a reasonable doubt in order to sustain a charge of Trespass on Property Other Than a  Structure or Conveyance:

1. The defendant willfully entered upon or remained in property other than a structure or conveyance;
2. The property was owned by or in lawful possession of the person or entity who is alleging the trespass;
3. Notice not to enter upon or remain on the property had been given by either actual communication or by posting, fencing or cultivation of the property; and
4. The defendant entering upon or remaining on the property was without authorization, license, or invitation from the person or entity who is alleging the trespass, or any other person authorized to give that permission.

Implied or Express Authorization

It is important to note that the authority to enter or remain on a property can be given expressly or impliedly. If authorization is given expressly, actual words are used to consent. However, implied consent is a bit more tricky. According to Florida’s jury instructions, implied consent to enter or remain on a structure, conveyance, or other property may be implied by the circumstances. Specifically, it is lawful to enter upon or remain on the property of another if, under all the circumstances, a reasonable person would believe that they had the permission of the owner, lawful occupant, or any other person authorized to give that permission.

 Tallahassee Criminal Defense Attorney

If you are facing a trespass charge, ensure you are fully informed of your rights and zealously advocated for by a knowledgeable Tallahassee criminal defense attorney. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have years of experience defending Floridians against a wide array of criminal charges and are well versed in how to combat a trespass charge. Call us today at (850) 681 – 7777 or send an online message today to discuss your legal matter during an open and free consultation with an attorney in our team.

Written by Sarah Kamide

  Social Share