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Definition of Trespass on a Structure or Conveyance
To prove the crime of Trespass in a structure or conveyance the State must prove the following three elements beyond a reasonable doubt:
The person willfully entered or remained in a structure or conveyance.
The structure or conveyance was in the lawful possession of the alleged victim.
The person entering or remaining in the structure or conveyance had no authorization, license, or invitation by the alleged victim, or any other person authorized to give that permission.
If the person had been invited, licensed, or otherwise authorized to enter the structure or conveyance, the State must prove the following elements beyond a reasonable doubt:
The person had been authorized, licensed, or invited to enter the structure.
The owner, lessee, or a person authorized by the owner or lessee of the premises warned the person to leave.
The person refused to leave.
Authority to enter or remain in a structure or conveyance need not be given in express words. It may be implied from the circumstances. It is lawful to enter or remain in a structure or conveyance of another if, under all the circumstances, a reasonable person would believe that he or she had the permission of the owner or occupant.
“Person authorized” means an owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in case of a threat to public safety or welfare.
“Willfully” means intentionally, knowingly, and purposely. Rozier v. State, 402 So. 2d 539 (Fla. 5th DCA 1981).
“Structure” means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure. The enclosure need not be continuous as it may have an ungated opening for entering and exiting.] § 810.011(1), Fla. Stat.; State v. Hamilton, 660 So. 2d 1038 (Fla. 1995); Dubose v. State, 210 So. 3d 641 (Fla. 2017).
“Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. § 810.011(3), Fla. Stat.
Possible Penalty for "Trespass"
If the structure or conveyance did not have any person inside, then the charge is a second degree misdemeanor. A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine.
If there was semeone inside the structure or conveyance, Trespass on a Structure or Conveyance is a first degree misdemeanor punishable by up to 1 year in the county jail and a $1000 fine.
Also, keep in mind that if the person was armed with a firearm or other dangerous weapon during the trespass, the charge is classified as a third degree felony punishable by up to 5 years in Florida State Prison and a $5000 fine.
Possible Defenses to Trespass
As with any crime, a defense to Trespass can, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charge of Trespass:
Consent of the owner or someone with authority.
Consent from someone who a reasonable person would believe had authority to give consent. In this circumstance, the argument is that you lacked the intent to trespass because you entered under the belief that you were authorized to do so.
Stale or expired trespass warning.
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