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Burglary

WHAT CONSTITUTES A BURGLARY IN FLORIDA

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 remaining in a dwelling, structure, or conveyance surreptitiously, with the intent to commit a crime therein. 

BURGLARY OF THE FIRST DEGREE

Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment and a fine of $15,000.00, if, in the course of committing the offense, the offender makes an assault or battery upon any person; or is, or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

Enters an occupied or unoccupied dwelling or structure, and 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 causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000.

BURGLARY OF THE SECOND DEGREE

Burglary is a felony of the second degree, punishable by 15 years in state prison and a fine of $10,000.00, 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. 

LOITERING OR PROWLING

A person commits the crime of Loitering or Prowling when the defendant loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals and such loitering and prowling was under circumstances that warranted justifiable and reasonable alarm or immediate concern for safety of persons or property in the vicinity.

Circumstances:

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person: 

  1. Takes flight upon appearance of a law enforcement officer. 
  1. Refuses to identify himself/herself. 
  1. Manifestly endeavors to conceal himself/herself or any object. 

Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him/her to identify himself/herself and explain his/her presence and conduct. 

No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. 

Punishment:

Any person convicted of Loitering or Prowling is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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