Breaking or Injuring Fences
Willful and malicious damage to a qualifying fence; third-degree felony when any part is being used to contain animals at the time.
Florida Statute
§ 810.115
Breaking or injuring fences
Verified against the 2026 Florida Statutes: October 17, 2026
Quick Summary
Establish willful and malicious fence damage and the required ownership or land connection. A first offense is generally a first-degree misdemeanor; a second or subsequent offense under subsection (1), OR animal-containment use at the time under subsection (2), is a third-degree felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Fence used to contain animals
F.S. 810.115(2)
All subsection (1) core elements AND the fence or any part was used to contain animals at the time. Applies even to a first offense; no minimum damage value, escape, or animal injury is stated.
Second or subsequent fence offense
F.S. 810.115(1)
All core elements AND a second or subsequent offense under subsection (1). This is an independent felony basis; animal-containment use is not required.
First offense without a felony basis
F.S. 810.115(1)
All subsection (1) core elements, without animal-containment use under subsection (2) or a qualifying second or subsequent offense.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All core elements required - AND
The defendant damaged a fence or part of a fence by breaking it down, marring, injuring, defacing, cutting, or creating or causing an opening, gap, interruption, or break; OR caused a fence to be broken down, marred, injured, defaced, or cut.
Plain language: Identify and document the particular damage and the conduct that caused it.
- Element 2AND — Required
All core elements required - AND
AND the conduct was willful and malicious.
Plain language: Document facts supporting both mental-state requirements; accidental damage alone does not establish these elements.
- Element 3AND — Required
All core elements required - AND
AND the fence belonged to another person OR enclosed land not owned by the defendant.
Jury Instructions
Jury Instructions
Instruction N/A
No offense-specific standard jury instruction located
Reviewed the Florida Bar criminal instruction set updated October 9, 2026; no dedicated instruction for 810.115 was located. Current instruction 13.7 concerns residential picketing under 810.15, not fences. These elements are a statutory field summary; consult the State Attorney for case-specific instructions.
View Official InstructionVerified against the official instruction source: October 17, 2026
Important Definitions
Important Definitions
Qualifying fence or land connection
The section covers a fence or part of a fence belonging to another person or enclosing land not owned by the offender. Section 810.115 supplies no separate technical definition of fence.
Animal-containment use
For subsection (2), the fence or any part of it must be used to contain animals at the time of the offense. The text says animals and does not limit this track to livestock.
Additional Notes
Additional Notes
Quick Reference
For 810.115(2), establish willful AND malicious qualifying fence damage AND that the fence or any part was being used to contain animals at the time. Document ownership, the damage, its cause, and the containment use.
Classification
First offense under (1): first-degree misdemeanor unless (2) applies. Second or subsequent offense under (1): third-degree felony. Animal-containment use at the time under (2): third-degree felony even on a first offense.
Document containment at the time
Photograph the damaged section and enclosure, identify the animals and their location, and obtain owner or witness statements about use at the time. The statutory text does not require animals to escape or be injured, and it sets no dollar-damage threshold.
Compensation and losses
Subsection (3) permits the court to require full compensation for damages or losses resulting directly or indirectly from the act under 775.089. Document repair costs and other supported losses.
Distinguish other property offenses
This section has its own elements and felony triggers. Do not substitute criminal-mischief dollar thresholds or assume that fence damage alone establishes a separate trespass. Assess each offense independently and consult the State Attorney on charging.
Official Source
Verified against the 2026 Florida Statutes, section 810.115, on October 17, 2026. Official text: https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/Sections/0810.115.html