Pursuant to 810.02, Burglary of a dwelling is when:
- Entering a dwelling with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
- Notwithstanding a licensed or invited entry, remaining in a dwelling:
- Surreptitiously, with the intent to commit an offense therein;
- After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
- To commit or attempt to commit a forcible felony, as defined in Florida statute 776.08
A dwelling is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage.
The jury instructions for a burglary offense provide that the jury may infer that the defendant had the intent to commit a crime inside the dwelling if he entered in a manner that was stealthily and without the consent of the owner or occupant. In order to enter, the defendant’s entire body does not have to go inside of the dwelling, instead it is sufficient if any part of his body goes inside, including a hand. The intent to commit a crime therein looks at the operations of the defendant’s mind which is not always capable of direct and positive proof. Therefore, the prosecutor is allowed to attempt to establish evidence of intent by the use of circumstantial evidence. If a defendant enters a dwelling without the intent of committing another crime in inside, then it is not a burglary.
Burglary of a Dwelling is a Second Degree Felony punishable by up to 15 years in Florida State Prison and a $10,000.00 fine.