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Florida statute

Fla. Stat. § 810.115 — Breaking or injuring fences

Current through 2025 Florida Statutes

Part of Chapter 810: Burglary and Trespass, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 810.115

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 810.115Primary source, current through the 2025 Florida Statutes
(1) Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever causes to be broken down, marred, injured, defaced, or cut any fence belonging to or enclosing land not his or her own, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent offense under this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) The court may require full compensation to the owner of the fence for any and all damages or losses resulting directly or indirectly from the act or commission pursuant to s. 775.089.

Official sources

Legal terms used in this section

Questions this section answers

Is breaking or injuring fences a felony or a misdemeanor in Florida?

It depends on the circumstances: breaking or injuring fences ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 810.115.

Breaking or injuring fences — first offense: Misdemeanor of the First Degree (Fla. Stat. § 810.115(1)) · Breaking or injuring fences — second or subsequent offense: Felony of the Third Degree (Fla. Stat. § 810.115(1)) · Breaking or injuring fences containing animals: Felony of the Third Degree (Fla. Stat. § 810.115(2))

Which Florida statute covers breaking or injuring fences?

Breaking or injuring fences is governed by Fla. Stat. § 810.115 (Breaking or injuring fences).

This reference is informational and is not legal advice.