Florida criminal charge
Trespass in structure or conveyance in Florida
Trespass in structure or conveyance is a criminal offense under Florida law, defined by Fla. Stat. § 810.08. 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. § 810.08.
What is the penalty for trespass in structure or conveyance in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Trespass in structure or conveyance (basic) — Applies to trespass in a structure or conveyance except as otherwise provided in the subsection.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Trespass in structure or conveyance (basic) — Applies to trespass in a structure or conveyance except as otherwise provided in the subsection.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Trespass in structure or conveyance — human being present — Applies when there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was present.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Trespass in structure or conveyance — human being present — Applies when there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was present.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Trespass in structure or conveyance — armed offender — Applies when the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Trespass in structure or conveyance — armed offender — Applies when the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is trespass in structure or conveyance classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trespass in structure or conveyance (basic) | Misdemeanor of the Second Degree | Applies to trespass in a structure or conveyance except as otherwise provided in the subsection. | Fla. Stat. § 810.08(2)(a) |
| Trespass in structure or conveyance — human being present | Misdemeanor of the First Degree | Applies when there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was present. | Fla. Stat. § 810.08(2)(b) |
| Trespass in structure or conveyance — armed offender | Felony of the Third Degree | Applies when the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance. | Fla. Stat. § 810.08(2)(c) |
Common questions about trespass in structure or conveyance in Florida
Is trespass in structure or conveyance a felony or a misdemeanor in Florida?
It depends on the circumstances: trespass in structure or conveyance ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 810.08.
Trespass in structure or conveyance (basic): Misdemeanor of the Second Degree (Fla. Stat. § 810.08(2)(a)) · Trespass in structure or conveyance — human being present: Misdemeanor of the First Degree (Fla. Stat. § 810.08(2)(b)) · Trespass in structure or conveyance — armed offender: Felony of the Third Degree (Fla. Stat. § 810.08(2)(c))
What are the penalties for trespass in structure or conveyance in Florida?
Penalties for trespass in structure or conveyance in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers trespass in structure or conveyance?
Trespass in structure or conveyance is governed by Fla. Stat. § 810.08 (Trespass in structure or conveyance).
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.