Burglary
Entering or remaining in certain locations with criminal intent under circumstances defined by Florida law.
Florida Statute
§ 810.02
Burglary
Quick Summary
Burglary generally concerns entering or remaining in a structure, dwelling, or conveyance with the required criminal intent.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Burglary With Assault or Battery
F.S. § 810.02(2)(a)
In the course of committing the burglary, the offender makes an assault or battery on any person.
Burglary While Armed
F.S. § 810.02(2)(b)
In the course of committing the burglary, the offender is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon.
Burglary With Motor-Vehicle or Qualifying Property Damage
F.S. § 810.02(2)(c)
Burglary of a dwelling or structure where the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, and damages the location; or causes damage exceeding $1,000 to the dwelling, structure, or property within it.
Second-Degree Burglary Facilitated by Riot or State-Emergency Conditions
F.S. § 810.02(3)
A burglary that otherwise falls within the second-degree tracks and is facilitated by conditions arising from a riot, aggravated riot, or qualifying declared state of emergency. Confirm the applicable event, area, and facilitation facts.
Burglary of a Dwelling
F.S. § 810.02(3)(a)-(b)
Unarmed burglary of an occupied or unoccupied dwelling without an assault, battery, or first-degree circumstance.
Burglary of an Occupied Structure or Conveyance
F.S. § 810.02(3)(c)-(d)
Unarmed burglary of an occupied structure or occupied conveyance without an assault, battery, or first-degree circumstance.
Burglary of an Authorized Emergency Vehicle
F.S. § 810.02(3)(e)
Unarmed burglary of an authorized emergency vehicle without an assault, battery, or first-degree circumstance.
Burglary With Intent to Commit Theft of a Controlled Substance
F.S. § 810.02(3)(f)
Unarmed burglary of a structure or conveyance where the intended offense is theft of a controlled substance.
Third-Degree Burglary Facilitated by Riot or State-Emergency Conditions
F.S. § 810.02(4)
A third-degree burglary of an unoccupied structure or conveyance that is facilitated by conditions arising from a riot, aggravated riot, or qualifying declared state of emergency. Confirm the applicable event, area, and facilitation facts.
Burglary of an Unoccupied Structure or Conveyance
F.S. § 810.02(4)
Unarmed burglary of an unoccupied structure or unoccupied conveyance without a first- or second-degree circumstance.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Burglary With Assault or Battery
Florida Statute § 810.02(2)(a)
Burglary With Assault or Battery
Florida Statute § 810.02(2)(a)
Burglary in which the offender makes an assault or battery upon any person in the course of committing the offense.
What to Establish
The common burglary elements plus an assault or battery committed in the course of the burglary.
Important Charge Note
First-degree felony; the underlying assault or battery must be established.
Burglary While Armed
Florida Statute § 810.02(2)(b)
Burglary While Armed
Florida Statute § 810.02(2)(b)
Burglary in which the offender is or becomes armed within the dwelling, structure, or conveyance with explosives or a dangerous weapon.
What to Establish
The common burglary elements plus being or becoming armed with explosives or a dangerous weapon within the covered place.
Important Charge Note
First-degree felony under the armed-burglary provision.
Burglary With Motor-Vehicle Damage
Florida Statute § 810.02(2)(c)1.
Burglary With Motor-Vehicle Damage
Florida Statute § 810.02(2)(c)1.
Burglary of an occupied or unoccupied dwelling or structure in which a motor vehicle is used as an instrumentality, other than merely as a getaway vehicle, and thereby damages the dwelling or structure.
What to Establish
The common burglary elements plus the specified motor-vehicle use and resulting damage.
Important Charge Note
First-degree felony; this provision applies only to a dwelling or structure.
Burglary With Property Damage Exceeding $1,000
Florida Statute § 810.02(2)(c)2.
Burglary With Property Damage Exceeding $1,000
Florida Statute § 810.02(2)(c)2.
Burglary of an occupied or unoccupied dwelling or structure in which damage to the dwelling or structure, or property within it, exceeds $1,000.
What to Establish
The common burglary elements plus qualifying damage exceeding $1,000.
Important Charge Note
First-degree felony; this provision applies only to a dwelling or structure.
Burglary of an Occupied Dwelling
Florida Statute § 810.02(3)(a)
Burglary of an Occupied Dwelling
Florida Statute § 810.02(3)(a)
Burglary of a dwelling when another person is present at the time of entry or remaining, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus a dwelling and the presence of another person.
Important Charge Note
Second-degree felony when the offender does not make an assault or battery and is not and does not become armed.
Burglary of an Unoccupied Dwelling
Florida Statute § 810.02(3)(b)
Burglary of an Unoccupied Dwelling
Florida Statute § 810.02(3)(b)
Burglary of a dwelling when no other person is present at the time of entry or remaining, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus a dwelling and no other person present.
Important Charge Note
Second-degree felony when the offender does not make an assault or battery and is not and does not become armed.
Burglary of an Occupied Structure
Florida Statute § 810.02(3)(c)
Burglary of an Occupied Structure
Florida Statute § 810.02(3)(c)
Burglary of a structure when another person is present at the time of entry or remaining, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus a structure and the presence of another person.
Important Charge Note
Second-degree felony when the offender does not make an assault or battery and is not and does not become armed.
Burglary of an Occupied Conveyance
Florida Statute § 810.02(3)(d)
Burglary of an Occupied Conveyance
Florida Statute § 810.02(3)(d)
Burglary of a conveyance when another person is present at the time of entry or remaining, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus a conveyance and the presence of another person.
Important Charge Note
Second-degree felony when the offender does not make an assault or battery and is not and does not become armed.
Burglary of an Authorized Emergency Vehicle
Florida Statute § 810.02(3)(e)
Burglary of an Authorized Emergency Vehicle
Florida Statute § 810.02(3)(e)
Burglary of an authorized emergency vehicle, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus an authorized emergency vehicle.
Important Charge Note
Second-degree felony when the offender does not make an assault or battery and is not and does not become armed.
Burglary With Intent to Commit Theft of a Controlled Substance
Florida Statute § 810.02(3)(f)
Burglary With Intent to Commit Theft of a Controlled Substance
Florida Statute § 810.02(3)(f)
Burglary of a structure or conveyance with intent to commit theft of a controlled substance, without the first-degree aggravating circumstances.
What to Establish
The common burglary elements plus intent to commit theft of a controlled substance in a structure or conveyance.
Important Charge Note
Second-degree felony; separate judgments and sentences may be authorized for specified related controlled-substance offenses.
Burglary of an Unoccupied Structure
Florida Statute § 810.02(4)(a)
Burglary of an Unoccupied Structure
Florida Statute § 810.02(4)(a)
Burglary of a structure when no other person is present at the time of entry or remaining, without the first- or second-degree circumstances.
What to Establish
The common burglary elements plus a structure and no other person present.
Important Charge Note
Third-degree felony when the offender does not make an assault or battery, is not and does not become armed, and no second-degree circumstance applies.
Burglary of an Unoccupied Conveyance
Florida Statute § 810.02(4)(b)
Burglary of an Unoccupied Conveyance
Florida Statute § 810.02(4)(b)
Burglary of a conveyance when no other person is present at the time of entry or remaining, without the first- or second-degree circumstances.
What to Establish
The common burglary elements plus a conveyance and no other person present.
Important Charge Note
Third-degree felony when the offender does not make an assault or battery, is not and does not become armed, and no second-degree circumstance applies.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant entered a dwelling, structure, or conveyance, or remained in one after entry under an applicable statutory remaining-after-entry theory.
Plain language: Burglary may be based on entering a covered place or, in certain situations, unlawfully remaining after initially entering.
- Element 2
At the time of entering or remaining, the defendant intended to commit an offense in that dwelling, structure, or conveyance, other than burglary or trespass.
Plain language: The required intent must exist when the entry or unlawful remaining occurs; the intended offense cannot itself be burglary or trespass.
- Element 3
For an entry theory, when license, invitation, or public access is properly at issue, the defendant was not licensed or invited to enter, or the premises were not open to the public.
Plain language: A lawful invitation or public access can defeat an entry-theory burglary allegation unless an exception applies.
- Element 4
For a remaining-after-entry theory, the defendant remained surreptitiously, after permission to remain was withdrawn, or to commit or attempt a forcible felony.
Plain language: A person who initially entered lawfully may still commit burglary by remaining under one of these statutory circumstances with the required intent.
Jury Instructions
Jury Instructions
Instruction 13.1
Burglary
Florida Standard Jury Instructions in Criminal Cases, Instruction 13.1. Select the entry or remaining-after-entry theory and the degree-specific language that matches the charge; verify the current official instruction before legal use.
View Official InstructionImportant Definitions
Important Definitions
Structure
A building of any kind, temporary or permanent, with a roof over it, together with its curtilage. During a qualifying declared state of emergency, the definition for burglary may include portions or remnants at the original site even without a wall or roof.
Dwelling
A building or conveyance, including an attached porch, that has a roof and is designed for people to lodge in at night, together with its curtilage. During a qualifying declared state of emergency, the definition for burglary may include portions or remnants at the original site even without a wall or roof.
Conveyance
A motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. Entering a conveyance includes taking apart any portion of it.
In the Course of Committing
An act occurring during an attempt to commit the offense or while fleeing after the attempt or commission.
Additional Notes
Additional Notes
Quick Reference
Burglary involves entering or remaining in a dwelling, structure, or conveyance with intent to commit an offense other than burglary or trespass. The degree depends on the location, occupancy, and statutory aggravating circumstances.
Classification
Burglary may be a first-, second-, or third-degree felony under F.S. § 810.02. First-degree circumstances include assault or battery, being armed, and specified vehicle or property damage; second- and third-degree classifications depend on the covered place and occupancy.
Entry and Remaining Theories
Burglary may be based on unlawful entry or, after a licensed or invited entry, surreptitiously remaining, remaining after permission is withdrawn, or remaining to commit or attempt a forcible felony.
Official Source
Always verify the current version of F.S. § 810.02, the charging allegations, and Florida Standard Jury Instruction 13.1 before relying on a classification or charging determination.