1997 Florida Code
TITLE XLVI CRIMES
Chapter 810 Burglary And Trespass  
810.02   Burglary.

810.02  Burglary.--

(1)  "Burglary" means entering or remaining in a dwelling, a structure, or a conveyance 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 remain.

(2)  Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:

(a)  Makes an assault or battery upon any person; or

(b)  Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

(c)  Enters an occupied or unoccupied dwelling or structure, and:

1.  Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or

2.  Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

(3)  Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a)  Dwelling, and there is another person in the dwelling at the time the offender enters or remains;

(b)  Dwelling, and there is not another person in the dwelling at the time the offender enters or remains;

(c)  Structure, and there is another person in the structure at the time the offender enters or remains; or

(d)  Conveyance, and there is another person in the conveyance at the time the offender enters or remains.

(4)  Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:

(a)  Structure, and there is not another person in the structure at the time the offender enters or remains; or

(b)  Conveyance, and there is not another person in the conveyance at the time the offender enters or remains.

History.--RS 2434; s. 2, ch. 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116; CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch. 82-87; s. 1, ch. 83-63; s. 8, ch. 95-184; s. 2, ch. 96-260.

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