Trespass of a Property Other than a Structure or Conveyance in Florida

Trespass is the willful entering or remaining on a structure or conveyance or property without the express or implied permission, authorization or invitation of the owner, lessee, or other authorized person, or the willful entering or remaining in violation of posted signage. There are two types of criminal Trespass in Florida: Trespass in a structure or conveyance; or Trespass on property other than a structure or conveyance.

Definition of Trespass 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. See Trespass in a Structure or Conveyance.

A "Structure” is a building of any kind that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding the structure. A "Conveyance" is a motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car.

The crime of Trespass of a Property Other than a Structure or Conveyance, as defined by § 810.09, Florida Statutes, involves willfully entering or remaining without authorization on any property on which notice against entering or remaining is given, either by actual communication or by posting, fencing, or cultivation; or if the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense on the property. See Trespass of a Property Other than a Structure or Conveyance.

The “Unenclosed curtilage of a dwelling” is any unenclosed land, ground, and outbuildings directly adjacent to and connected with the dwelling used in connection with the dwelling. A dwelling is a building or conveyance with a roof over it that can be occupied overnight as lodging.

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.