13.4 TRESPASS—ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE

To prove the crime of Trespass on Property other than a Structure or Conveyance, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) willfully entered upon or remained in property other than a structure or conveyance.

2. The property was [owned by] [in the lawful possession of] (person alleged).

Give if § 810.09(1)(a)1., Fla. Stat. is charged.

3. Notice not to enter upon or remain in that property had been given by [[actual communication to the defendant] [[posting] [fencing] [cultivation] of the property in the manner defined in this instruction]].

Give if § 810.09(1)(a)2, Fla. Stat. is charged.

The property was the unenclosed curtilage of a dwelling and (defendant) entered or remained with the intent to commit a crime thereon other than trespass.

4. (Defendant’s) entering upon or remaining in the property was without authorization, license, or invitation from (person alleged) or any other person authorized to give that permission.

Give only if applicable. While armed.

If you find the defendant guilty of Trespass on Property Other than a Structure or Conveyance, you must then determine whether the State proved beyond a reasonable doubt that the defendant was armed with a firearm or other dangerous weapon during the Trespass.

Give only if applicable. § 810.09(2)(k), Fla. Stat.

If you find the defendant guilty of Trespass on Property Other than a Structure or Conveyance, you must also determine whether the State proved the following three elements beyond a reasonable doubt:

1. The property trespassed upon was an area being maintained or secured by federal, state, or local law enforcement officers.

2. The property was legally posted.

3. The signs contained substantially the following wording: THIS AREA IS A DESIGNATED RESTRICTED SITE SECURED BY LAW ENFORCEMENT, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.