13.1 BURGLARY

To prove the crime of Burglary, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) entered a [structure] [conveyance] owned by or in the possession of (person alleged).

2. At the time of entering the [structure] [conveyance], (defendant) had the intent to commit [(the crime alleged)] [an offense other than burglary or trespass] in that [structure] [conveyance].

To prove the crime of Burglary, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) had permission or consent to enter a [structure] [conveyance] owned by or in the possession of (person alleged).

2. (Defendant), after entering the [structure] [conveyance], remained therein

Give 2a, 2b, 2c, or any combination as applicable.

a. surreptitiously and with the intent to commit [(the crime alleged)] [an offense other than burglary or trespass] inside the [structure] [conveyance].

b. after permission to remain had been withdrawn and with the intent to commit [(the crime alleged)] [an offense other than burglary or trespass] inside the [structure] [conveyance].

c. to commit or attempt to commit a [forcible felony] [(the forcible felony alleged)].

Give only if applicable. § 810.07, Fla. Stat.

You may infer that (defendant) had the intent to commit a crime inside a [structure] [conveyance] if the [entering] [attempted entering] of the [structure] [conveyance] was done stealthily and without the consent of the owner or occupant.

Higher Degrees of Burglary. With an assault.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the Burglary, (defendant) assaulted any person. An assault is an intentional and unlawful threat, either by word or act, to do violence to another, at a time when the defendant appeared to have the ability to carry out the threat and [his] [her] act created a well-founded fear in the other person that the violence was about to take place.

With a battery.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the Burglary, (defendant) battered any person. A battery is an actual and intentional touching or striking of another person against that person’s will or the intentional causing of bodily harm to another person.

While armed.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the Burglary, (defendant) was armed or armed [himself] [herself] within the [structure] [conveyance] with [explosives] [a dangerous weapon].

Structure or conveyance is a dwelling.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether the [structure] [conveyance] [entered] [remained in] was a dwelling.

Human being in structure or conveyance.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the Burglary, there was another human being in the [structure] [conveyance], at the time [he] [she] [entered] [remained in] the [structure] [conveyance].

Offense intended is theft of a controlled substance.

If you find (defendant) guilty of Burglary, you must also determine whether the State has proved beyond a reasonable doubt that the offense intended to be committed therein was theft of a controlled substance. Pursuant to Florida law, (name of controlled substance) is a controlled substance. A theft occurs when a person knowingly and unlawfully obtains or uses or endeavors to obtain or use the property of the victim and does so with the intent to, either temporarily or permanently, deprive the victim of his or her right to the property or any benefit from it or to appropriate the property of the victim to his or her own use or to the use of any person not entitled to it.

Traveling from county of residence into another county with intent to commit a burglary. § 843.22, Fla. Stat.

If you find (defendant) guilty of [Burglary] [Attempted Burglary] [Solicitation to Commit Burglary] [Conspiracy to Commit Burglary], you must also determine whether the State proved beyond a reasonable doubt that:

1. (Defendant) resided in Florida;

and

2. (Defendant) travelled any distance with the intent to commit a burglary in a county in Florida other than the Florida county where [he] [she] resided.

Dwelling or structure with use of motor vehicle or damage.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether, in the course of committing the Burglary, (defendant) entered a [dwelling] [structure] and

1. used a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damaged the [dwelling] [structure].

or

2. caused damage to the [dwelling] [structure] [property within the [dwelling] [structure]], in excess of $1,000.

Authorized emergency vehicle.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle.

State of emergency. Also use to increase scoresheet points one level higher. See § 810.02(3)(f), Fla. Stat.

The definitions of structure, dwelling, and conveyance are different for counties where a state of emergency has been declared under chapter 252. See § 810.011(1), (2), and (3), Fla. Stat.

If you find (defendant) guilty of Burglary, you must also determine if the State has proved beyond a reasonable doubt whether

1. the Burglary was committed within a county that was subject to a state of emergency that had been declared by the governor under chapter 252, the “State Emergency Management Act,”

and

2. the perpetration of the Burglary was facilitated by conditions arising from the emergency.