13.3 TRESPASS—IN STRUCTURE OR CONVEYANCE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 13.3
- Statute
- § 810.08, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Trespass in a [Structure] [Conveyance], the State must prove the following three elements beyond a reasonable doubt:
Give a. for trespass and b. for trespass after warning to depart.
a. 1. (Defendant) willfully entered or remained in a [structure] [conveyance].
2. The [structure] [conveyance] was in the lawful possession of (person alleged).
3. (Defendant’s) entering or remaining in the [structure] [conveyance] was without authorization, license, or invitation by (person alleged) or any other person authorized to give that permission.
b. 1. (Defendant) had been authorized, licensed, or invited to enter or remain in a [structure] [conveyance].
2. [The owner] [The lessee] [A person authorized by the owner or lessee] of the premises warned (defendant) to depart.
3. (Defendant) refused to depart.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
While armed.
If you find the defendant guilty of trespass in a [structure] [conveyance], you must then determine whether the State proved beyond a reasonable doubt that the defendant was armed or armed [himself] [herself] with a firearm or other dangerous weapon during the trespass.
Human being in structure or conveyance.
If you find the defendant guilty of [attempted] trespass in a [structure] [conveyance], you must then determine whether the State proved beyond a reasonable doubt that there was a human being in the [structure] [conveyance] at the time of the [attempted] trespass.
Lesser-included offenses
As the instruction lists them, word for word.
TRESPASS IN STRUCTURE OR CONVEYANCE — 810.08
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt (except refuse to depart) | 777.04(1) | 5.1 |
Related practice page
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.