Trespass on School Grounds or School Premises occurs whenever an individual willfully enters or remains on school property without having any legitimate business on the campus (or other authorization, license, or invitation) or is a student under current suspension or expulsion.
Trespass of a Structure or Conveyance is a misdemeanor of the second degree under Florida law. This means that an individual arrested for this criminal offense faces up to 60 days in the county jail and a fine of up to $500.00.
However, if the principal of the school (or his designee) instructs the individual to leave, and the individual enters or remains on the property, it is a more serious criminal charge and a 1st degree misdemeanor.
A “school” means the grounds or facilities of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether the school is public or private. Florida Criminal statute 810.097
Trespass on school property can be a felony! It is a felony of the third degree, punishable by up to five years in Florida state prison, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon or any firearm. Florida Criminal Statute 810.095
Having a legitimate purpose for being on school property is a defense! In determining what is a legitimate purpose courts will look to an objective standard of a similar person in the same situation. For example, a child’s belief of a legitimate purpose might be different than an adult’s belief of a legitimate purpose.
Trespass can be also be a felony or a more serious first degree misdemeanor. Click below for more information on these types of crimes:
- Armed Trespass
- Trespass on a Construction Site
- Trespass of a Dwelling (house or home)
- Trespass of a Structure or Conveyance
Call now to see if you have a defense to this criminal charge. The faster you retain an experienced criminal attorney, the sooner I can start working on your defense to this criminal charge!
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