13.4. Trespass - On Property Other Than A Structure Or Conveyance
This is a Florida Jury Instructions form that can be used for 13 Burglary And Trespass within Criminal.
Last updated: 2/28/2006
13.4 TRESPASS - ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE 810.09, Fla. Stat. To prove the crime of Trespass on Property other than a Structure or Conveyance, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] willfully [entered] [remained in] [property alleged]. 2. The property was [owned by] e of victim]. 3. Notice not to [enter upon] [remain in] that property had been given by: [posting] [fencing] [cultivation] of the property.] 4. [Name of defendant] [entering] [remaining in] the property was without the permission, express or implied, of the victim or any other person authorized to give that permission. Authority to[ent er] [remain in] property need not be given in express words. It may be implied from the circumstances. It is lawful to [enter] [remain in] the property of another if, under all the circumstances, reasonable persons would believe that they had the permission of the owner or occupant. "Willfully" means intentionally and purposely. The phrase "posted land" is legally defined as land upon which signs are placed not more than 500 feet apart along and at each corner of the propertys boundaries. The signs themselves must prominently state, in letters not less than two inches high, the words "No Trespassing." The signs also must state, with smaller letters being acceptable, the name of the owner or lessee or occupant of the land. The signs must be placed so as to be clearly noticeable from outside the boundary lines and corners of the property. If the property is less than five acres in area, and a dwelling house is located on it, it should be treated as posted land even though no signs have been erected. ned as land that has been cleared of its The phrase "cultivated land" is legally definatural vegetation, and at the time of the trespass was planted with trees, a crop, an orchard or a grove, or was a pasture. Fallow land, left that way as part of a crop rotation, would also be "cultivated land." The phrase "fenced land" is legally defined as land that has been enclosed by a fence of substantial construction. The fence may be made from rails, logs, posts and railings, iron, steel, barbed wire or other wire or material. The fence must stand at least three feet high. If a part of the boundary of a piece of property is formed by water, that part should be treated as legally fenced land. <<<<<<<<<********>>>>>>>>>>>>> 2 When every part of property is either posted or cultivated or fenced, the entire property is considered as enclosed and posted land. The punishment provided by law for trespass on property other than a structure or conveyance is greater if the defendant was armed with a firearm or other dangerous weapon. Therefore, if you find the defendant guilty of trespass on property other than a structure or conveyance and you further find that the defendant was armed with a firearm or other dangerous weapon during the trespass, you should find the defendant guilty of trespass on property other than a structure or conveyance while armed. If you find that the defendant carried no firearm or other dangerous weapon but did commit the trespass, you should find the defendant guilty only of trespass on property other than a structure or conveyance. A "firearm" is legally deweapon (including a sfined as any tarter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime. A weapon is legally defined to meany object that could be used to cause an death or inflict srious bodily harme . at, taking into account the mA "dangerous weapon" is any weapon thanner in which it is used, is likely to produce death or great bodily harm.