13.5 TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON]
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
- 13.5
- Statute
- § 810.095(1), 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 on School Property with a [Firearm] [Weapon], the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) [entered] [remained] on school property.
Give as applicable.
2. a. (Defendant) did not have any legitimate business on the school property or any other authorization, license, or invitation to enter upon the school property.
b. (Defendant) had been authorized, licensed, or invited to enter the school property but then refused to depart when told to do so by [the principal] [the principal’s designee].
c. (Defendant) was a student under suspension or expulsion at the time [he] [she] [entered] [remained] on the school property.
3. At the time (defendant) was on the school property, [he] [she] brought onto or was in possession of a [firearm] [weapon].
Lesser-included offenses
As the instruction lists them, word for word.
TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] — 810.095(1)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Trespass on School Grounds or Facility After Warning By Principal (if refusal to depart is charged) | 810.097(2) | 13.5(b) | |
| Trespass Upon School Grounds or Facility (if no legitimate business or student suspended is charged) | 810.097(1) | 13.5(a) | |
| Attempt | 777.04(1) | 5.1 | |
| Trespass in Structure or On Property Other than a Structure (depending on charging document) | 810.08 or 810.09 | 13.3 or 13.4 |
Related practice page
Trespass on School Grounds or a College Campus in Miami
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.