13.3. Trespass - In Structure Or Conveyance

13.3 TRESPASS - IN STRUCTURE OR CONVEYANCE 810.08, Fla. Stat. To prove the crime of Trespass in a [Structure] [Conveyance], the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] [willfully [entered] [remained in] [structure or conveyance alleged].] [having been [authorized] [licensed] [invited] to [enter] [remain in] the [structure or conveyance alleged], willfully refused to depart after having been warned by by the owner or lessee alleged]] to depart.] d] was in the lawful possession of [person alleged]. 3. [Name of defendant]s [entering] [r the permission, express or implied, of [person alleged] or any other person authorized to give that permission. Authority to [enter] [remain in] a struure or conveyance need not be given in ctexpress words. It may be implied from the circumstances. It is lawful to [enter] [remain in] a structure or conveyance of another if, under all the circumstances, a reasonable person would believe that [he] [she] had the permission of the owner or occupant. "Willfully" means intentionally and purposely. "Structure" means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed sace of group nd and outbuildings immediately surrounding that structure. "Conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. The punishment provided by law for the crime of trespass in a [structure] [conveyance] is greater if the trespass is committed under certain aggravating circumstances. Therefore, if you find the defendant guilty of trespass in a [structure] [conveyance], you must then consider whether the State has further proved those circumstances. If you find that during the trespass the defendant was armed or armed [himself] [herself] with a firearm or other dang weaperous on, you should find [him] [her] guilty of trespass in a [structure] [conveyance] while armed. <<<<<<<<<********>>>>>>>>>>>>> 2 If you find that at the time of the trespass there was a human being in the [structure] [conveyance], you should find [him[her] guilty o] f trespass in a [structure] [conveyance] with a human being in the [structure] [conveyance]. If you find that the defendant committed the trespass in a [structure] [conveyance] without any aggravating circumstances, you should find [him] [her] guilty only of trespass in a [structure] [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. 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.