Trespass of a Structure or Conveyance

Trespass of a Structure or Conveyance in Florida

Trespass of a Structure or Conveyance is the willful entering or remaining on a structure or conveyance without the express or implied permission, authorization or invitation of the owner, lessee, or other authorized person, or in violation of posted signage.

Definition of Trespass of a Structure or Conveyance in Florida

The crime of Trespass in a Structure or Conveyance, as defined by § 810.08, Florida Statutes, involves the willful entry into a structure or conveyance without authorization, license, invitation, or consent; or after having had authorization, license, invitation, or consent, willfully remaining in a structure or conveyance after being warned to depart by an authorized person and refusing to depart.

The State’s attorney must prove the defendant committed the crime of Trespass by establishing that all three elements of the crime occurred as defined below either for (A) the defendant did not have permission to enter or remain, or for (B) the defendant continued to remain after being warned to depart.

A. Trespass –The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of Trespass by establishing that all three the following elements of the crime of Trespass occurred:

(1) The defendant willfully entered, or remained, in the structure or conveyance.

(2) The defendant’s act of entering or remaining in the structure or conveyance was without permission by the person or authority who claimed the Trespass.

(3) The structure or conveyance was in the lawful possession of the person claiming the Trespass.

The means the State of Florida must prove that the defendant intentionally entered or remained in a structure or conveyance without an invitation, license, or permission. The State also must prove that the person claiming the trespass was the owner or lessee, or an agent of the owner or lessee, or a law enforcement officer with departmental authorization from the owner or lessee.

B. Trespass after Warning to Depart - The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of Trespass by establishing that all three the following elements of the crime of Trespass occurred:

(1) The defendant had an invitation, license, permission, or consent to enter or remain in the structure or conveyance.

(2) The owner or lessee, or an agent of the owner or lessee, or a law enforcement officer with authorization from the owner or lessee, warned the defendant to leave.

(3) The defendant refused to leave.

The means the State of Florida must prove that the defendant’s invitation, license, permission, or consent was either expired or withdrawn; and the defendant was asked or warned to depart; and the defendant intentionally, knowingly, and purposely remained.

Penalties for Trespass of a Structure or Conveyance in Florida

If the structure or conveyance is unoccupied, the Trespass is a second degree misdemeanor punishable by up to 60 days in jail, and up to $500 in fines, as provided in § 775.082 or § 775.083, Florida Statutes.

If there is a human being in the structure or conveyance at the time of the Trespass or attempted Trespass, the Trespass is a first degree misdemeanor, punishable by up to one (1) year in jail, and up to $1000 in fines, as provided in § 775.082 or § 775.083, Florida Statutes.

If the offender is armed, or becomes armed, with a firearm or other dangerous weapon while committing the offense of Trespass, the Trespass is a third degree felony punishable by up to five (5) years in prison, up to five (5) years probation, and up to $5000 in fines, as provided in § 775.082 or § 775.083, Florida Statutes.

Defenses to Trespass of a Structure or Conveyance in Florida
  • Defendant had an invitation, permission, or consent to be in the structure or conveyance
  • Defendant had a lack of intent such as a reasonable belief that entering was considered permissible at the time of the Defendant’s action
Examples of Trespass of a Structure or Conveyance in Florida
  • Attending a party at a private residence as a guest but refusing to leave after repeatedly being asked by the host to leave
  • After being fired and walked off the job, returning another day to the former place of employment and entering the non-public areas without permission
Contact Us

If you have been charged with the crime of Trespass in Broward, Palm Beach, or Miami-Dade County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.