Florida criminal charge
Illegal entry by adult unauthorized alien into this state in Florida
Illegal entry by adult unauthorized alien into this state is a criminal offense under Florida law, defined by Fla. Stat. § 811.102. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 811.102.
How is illegal entry by adult unauthorized alien into this state classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Illegal entry — first violation | Misdemeanor of the First Degree | An unauthorized alien 18 or older who knowingly enters or attempts to enter Florida after eluding or avoiding immigration examination or inspection, without a prior conviction under this section. | Fla. Stat. § 811.102(1) |
| Illegal entry — second violation | Felony of the Third Degree | An unauthorized alien with one prior conviction under this section who commits a second violation of subsection (1). | Fla. Stat. § 811.102(2)(a) |
| Illegal entry — third or subsequent violation | Felony of the Third Degree | An unauthorized alien with two or more prior convictions under this section who commits a subsequent violation of subsection (1). | Fla. Stat. § 811.102(2)(b) |
Common questions about illegal entry by adult unauthorized alien into this state in Florida
Is illegal entry by adult unauthorized alien into this state a felony or a misdemeanor in Florida?
It depends on the circumstances: illegal entry by adult unauthorized alien into this state ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 811.102.
Illegal entry — first violation: Misdemeanor of the First Degree (Fla. Stat. § 811.102(1)) · Illegal entry — second violation: Felony of the Third Degree (Fla. Stat. § 811.102(2)(a)) · Illegal entry — third or subsequent violation: Felony of the Third Degree (Fla. Stat. § 811.102(2)(b))
Which Florida statute covers illegal entry by adult unauthorized alien into this state?
Illegal entry by adult unauthorized alien into this state is governed by Fla. Stat. § 811.102 (Illegal entry by adult unauthorized alien into this state).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.