13.1. Burglary

13.1 BURGLARY 810.02, Fla. Stat. Give this statement of the elements if the charge is unlawful entry: To prove the crime of Burglary, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] entered a [structure] [conveyance] owned by or in the possession of [name of victim]. 2. [Name of defendant] did not have the permission or consent of me of victim] or anyone authorized to act for [name of victim] to enter the [structure] [conveyance] at that time. 3. At the time of entering the [structure] [conveyance] [name of defendant] had a fully-formed, conscious intent to commit the offense of me [crime in that [structure] [conveyance]. Give this statement of the elements if the charge is unlawfully remaining: To prove the charge of Burglary, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] had permission or consent to enter a [structure] [conveyance] owned by or in the possession of [person alleged]. 2. [Name of defendant], after entering the [structure] [conveyance] remained therein Give a, b, or c as applicable a. surreptitiously and with e fully-formth ed conscious intent to commit the offense of [crime alleged]. b. after permission to remain had been withdrawn and with the fully- formed conscious intent to commit the offense of [crime alleged]. c. with the fully-formed conscious intent to commit or attempt to commit the offense of [forcible felony alleged]. Define the crime or forcible felony alleged. Give whichever bracketed language applies. <<<<<<<<<********>>>>>>>>>>>>> 2 A person may be guilty of this offense [if the person originally entered the premises at a time when they were open to the public, but remained there after the person knew that the premises were closed to the public] [or] ained in areas of the premises which the person knew or should have known were not open to the public] if the person had the intent to commit the crime described in the charge. Proof of the entering of a [structure] [conveyance] stealthily and without the consent of the owner or occupant may justify a finding that the entering was with the intent to commit a crime if, from all the surrounding facts and circumstances, you are convinced beyond a reasonable doubt that the intent existed. The entry necessary need not be the whole body of the defendant. It is sufficient if the defendant extends any part of the body far enough into the [structure] [conveyance] to commit [crime alleged]. The intent with which an act is done is an operation of the mind and, therefore, is not always capable of direct and positive proof. It may be established by circumstantial evidence like any other fact in a case. Even though an unlawful [entering] [remaining in] a [structure] [conveyance] is proved, if the evidence does not establish that it was done with the intent to commit [crime alleged], the defendant must be found not guilty. Proof of unexplained possession by an accused of property recently stolen by means of a burglary may justify a conviction of burglary with intent to steal that property if the circumstances of thburglary and of the possession of the stolen property, when e considered in the light of all evidence in the case, convince you beyond a reasonable doubt that the defendant committed the burglary. "Structure" means any building of any kind, either temporary or permanent, that has a roof over it, and the enclosed sace of group nd and outbuildings immediately surrounding that structure. "Conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or sleeping car; and to enter a conveyance includes taking apart any portion of the conveyance. The punishment provided by law for the crime of burglary is greater if the burglary was committed under certain aggravating circumstances. Therefore, if you find the defendant guilty of burglary, you must then consider whether the State has further proved those circumstances. <<<<<<<<<********>>>>>>>>>>>>> 3 If you find that in the course of committing the burglary the defendant made an assault upon any person, you should find the defendant guilty of burglary during which an assault has been committed. An assault is an intentional and unlawful threat either by word or act to do violence to another at a timfendant appeared to have the e when the deability to carry out the threat and the defendants act created a well-founded fear in the other person that the violence was about to take place. If you find that in the course of committing the burglary the defendant was armed or, became armed within the structure, with explosives or a dangerous weapon, you should find the defendant guilty of burglary while armed. If you find that while the defendant made no assault and was unarmed, the structure entered was a dwelling, you should find the defendant guilty of burglary of a dwelling. If you find that while the defendant mde no assa ault and was unarmed, there was a human being in the [structure] [conveyance] at the time the defendant [entered] [remained in] the [structure] [conveyance], you should find the defendant guilty of burglary of a [structure] [conveyance] with a human being in the [structure] [conveyance]. If you find that the defendant committed the burglary without any aggravating circumstances, you should find the defendant guilty only of burglary. An act is committed in the course of committing if it occurs in the attempt to commit the offense or in flight after the attempt or commission. Explosive means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene or ammonium nitrate when combined with other ingredients to frmo an explosive mixture, blasting caps, and detonators. A dangerous weapon is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm. Dwelling mce) of any kind, including any attached eans a building (or conveyanporch, whether such building (or conveyance) is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the enclosed space of ground and outbuildings immediately surrounding it. e of defendant ] guilty of burglary, it will be necessary for you to state in your verdict whether [name of defendant] [insert aggra