Florida criminal charge
Illegal reentry of an adult unauthorized alien in Florida
Illegal reentry of an adult unauthorized alien is a criminal offense under Florida law, defined by Fla. Stat. § 811.103. 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. § 811.103.
How is illegal reentry of an adult unauthorized alien classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Illegal reentry — base offense | Felony of the Third Degree | An unauthorized alien 18 or older who, after being denied admission, excluded, deported, or removed, or having departed during a pending exclusion/deportation/removal order, thereafter enters, attempts to enter, or is found in Florida, without qualifying exceptions. | Fla. Stat. § 811.103(1) |
| Illegal reentry — three or more prior convictions | Felony of the Third Degree | The unauthorized alien has three or more prior convictions for a misdemeanor or felony (excluding a forcible felony or aggravated felony) and commits a violation of subsection (1), subject to a 2-year mandatory minimum. | Fla. Stat. § 811.103(3)(a) |
| Illegal reentry — prior forcible or aggravated felony conviction | Felony of the Second Degree | The unauthorized alien has a prior conviction for a forcible felony or an aggravated felony and commits a violation of subsection (1), subject to a 5-year mandatory minimum. | Fla. Stat. § 811.103(3)(b) |
Common questions about illegal reentry of an adult unauthorized alien in Florida
Is illegal reentry of an adult unauthorized alien a felony or a misdemeanor in Florida?
It depends on the circumstances: illegal reentry of an adult unauthorized alien ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 811.103.
Illegal reentry — base offense: Felony of the Third Degree (Fla. Stat. § 811.103(1)) · Illegal reentry — three or more prior convictions: Felony of the Third Degree (Fla. Stat. § 811.103(3)(a)) · Illegal reentry — prior forcible or aggravated felony conviction: Felony of the Second Degree (Fla. Stat. § 811.103(3)(b))
Which Florida statute covers illegal reentry of an adult unauthorized alien?
Illegal reentry of an adult unauthorized alien is governed by Fla. Stat. § 811.103 (Illegal reentry of an adult unauthorized alien).
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.