Pursuant to 810.02, Burglary of a structure is when:
- Entering a structure 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 structure:
- 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- After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or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 structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, 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 structure 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 structure, 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 structure without the intent of committing another crime in inside, then it is not a burglary.
The penalties for the crime of Burglary of a Structure depend on whether you are charged with Burglary of an occupied Structure or Burglary of an unoccupied structure.
Burglary of a an Unoccupied Structure is a Third Degree Felony punishable by up to 5 years in Florida State Prison and a $5,000.00 fine.
Burglary of a an Occupied Structure is a Third Degree Felony punishable by up to 5 years in Florida State Prison and a $5,000.00 fine.