26 Questions
Who can take into custody and detain a person for prosecution purposes?
Any owner or person authorized by the owner
What should happen after a person is taken into custody?
A law enforcement officer should be called immediately
What is the consequence for taking into custody and detaining someone in compliance with the law?
No liability whatsoever
What is the punishment for trespassing on a construction site that is greater than 1 acre in area?
A felony of the third degree
What is the required size of the sign for a construction site of 1 acre or less?
Letters of not less than 2 inches in height
What is the punishment for trespassing on commercial horticulture property?
A felony of the third degree
What is the punishment for trespassing on an agricultural site for testing or research purposes?
A felony of the third degree
What is the punishment for trespassing on a domestic violence center?
A felony of the third degree
What is considered a potentially lethal projectile?
Any projectile launched from a firearm, bow, crossbow, or similar tensile device
Who is exempt from this section?
Governmental agents or employees
What is the punishment for an offender who trespasses on an agricultural chemicals manufacturing facility that is legally posted?
A felony of the third degree
What is the intention of an offender who trespasses on an airport with the intent to impede the operation or use of an aircraft?
All of the above
What does the term 'operational area of an airport' include?
Any portion of an airport to which access by the public is prohibited by fences or appropriate signs
Who is considered an authorized person?
The owner, his or her agent, or a community association authorized as an agent for the owner, or a law enforcement officer
What is required for an airport to be legally posted?
Fences or appropriate signs
What is the term for an area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft?
Operational area of an airport
What is the purpose of legally posting an agricultural chemicals manufacturing facility?
To indicate that anyone who trespasses on the property commits a felony
What is the punishment for an offender who trespasses on an airport with the intent to damage property?
A felony of the third degree
What is the condition for a person to commit the offense of trespass on property other than a structure or conveyance?
The person enters without being authorized, licensed, or invited
What is the term for the unenclosed land or grounds directly and intimately adjacent to a dwelling?
Unenclosed curtilage
What is the punishment for trespass on property other than a structure or conveyance if the offender defies an order to leave?
Misdemeanor of the first degree
What is the condition for trespass on property other than a structure or conveyance to be a felony of the third degree?
The offender is armed with a dangerous weapon
What is the purpose of posting, fencing, or cultivation as described in s. 810.011?
To give notice against entering or remaining
What is the punishment for trespass on property other than a structure or conveyance if the offender unlawfully dumps litter on the property?
Misdemeanor of the first degree
What is the term for the outbuildings that are directly and intimately adjacent to a dwelling?
Unenclosed curtilage
What is the intention of the offender when they enter the unenclosed curtilage of a dwelling?
To commit an offense other than trespass
Study Notes
Trespass on Property Other Than Structure or Conveyance
- A person who enters or remains on property other than a structure or conveyance without authorization, license, or invitation commits trespass.
- This includes property with notice against entering or remaining, or unenclosed curtilage of a dwelling with intent to commit an offense.
Trespassing on Specific Properties
- Trespassing on a construction site >1 acre with a "Designated Construction Site" sign is a felony of the third degree.
- Trespassing on a construction site ≤1 acre with a prominent "Designated Construction Site" sign is also a felony of the third degree.
- Trespassing on commercial horticulture property with a "Designated Commercial Property for Horticulture Products" sign is a felony of the third degree.
- Trespassing on an agricultural site for testing or research purposes with a "Designated Agricultural Site for Testing or Research Purposes" sign is a felony of the third degree.
- Trespassing on a domestic violence center with a "Designated Restricted Site" sign is a felony of the third degree.
- Trespassing on an agricultural chemicals manufacturing facility with a "Designated Agricultural Chemicals Manufacturing Facility" sign is a felony of the third degree.
- Trespassing on an operational area of an airport with intent to injure or damage property is a felony of the third degree.
Additional Circumstances
- If the offender defies an order to leave, personally communicated by the owner or authorized person, it is a misdemeanor of the first degree.
- If the offender is armed with a firearm or dangerous weapon during the commission of the offense, it is a felony of the third degree.
- Any owner or authorized person may take into custody and detain a person who trespasses, but must call law enforcement as soon as possible.
Learn about the laws and consequences of trespassing on property, including construction sites, and the specific conditions that make it a felony.
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