810.02 Burglary

(1)(a)  For offenses committed on or before July 1, 2001, "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.

(b)  For offenses committed after July 1, 2001, "burglary" means:

1.  Entering 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

2.  Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:

a.  Surreptitiously, with the intent to commit an offense therein;

b.  After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c.  To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(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; s. 2, ch. 2000-233; s. 2, ch. 2001-58; s. 2, ch. 2003-84.