810.02 Burglary. ---
(1) "Burglary" means entering or remaining in 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 remain.
(2) Burglary is a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life imprisonment or as
provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of
committing the offense, the offender:
(a) Makes an assault or battery upon any person; or
(b) Is or becomes armed within such dwelling, structure, or
conveyance, with explosives or a dangerous weapon.
(3) Burglary is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, 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, and the
offender enters or remains in a:
(a) Dwelling, and there is another person in the dwelling at the time
the offender enters or remains;
(b) Dwelling, and there is not another person in the dwelling at the
time the offender enters or remains;
(c) Structure, and there is another person in the structure at the
time the offender enters or remains; or
(d) Conveyance, and there is another person in the conveyance at the
time the offender enters or remains.
(4) Burglary is a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, 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, and the
offender enters or remains in a:
(a) Structure, and there is not another person in the structure at
the time the offender enters or remains; or
(b) Conveyance, and there is not another person in the conveyance at
the time the offender enters or remains.
History: RS 2435; s. 2, ch 4405, 1895; s. 2, ch. 5411, 1905; GS 3282; RGS 5116;
CGL 7217; s. 799, ch. 71-136; s. 31, ch. 74-383; s. 21, ch. 75-298; s. 2, ch.
82-87; s. 1, ch. 83-63; s. 8, ch. 95-184.