1905 Fla. Laws 87
Abstract
An Act to Amend Sections . . . of the Revised Statutes of 1892, Relating to Breaking and Entering a Dwelling House. . ., Chap. 5411, § 2434: Enhanced the sentence of anyone breaking and entering a dwelling house or structure within the curtilage of the dwelling house with intent to commit a felony, or gaining such intent after entering, and is armed with a dangerous weapon, nitroglycerine, dynamite, gunpowder, or other high explosive, or takes possession of such items, or assaults any person inside. Violators punished by life in prison, or for such term of years as may be determined by the court.
Summary
This law defines burglary as breaking into a dwelling or nearby structure with intent to commit a felony. If the offender is armed, uses or possesses explosives, or assaults someone inside, there is an enhanced sentencing: the punishment can be life imprisonment or a term set by the court; otherwise, the maximum penalty is up to 20 years in prison.
Law Text
Section 1. That Section 2434 of the Revised Statutes of 1892 be amended so as to read as follows: Section 2434. Burglary.—Whoever breaks and enters a dwelling house or any building or structure within the curtilage of a dwelling house, though not forming a part thereof, with intent to commit a felony, or after having entered with such intent, breaks such dwelling house or other building or structure aforesaid; if he be armed with a dangerous weapon, or have with him any nitroglycerine, dynamite, gunpowder or other high explosive, at the time of breaking and entering, or if he arm himself with a dangerous weapon or take into his possession any such high explosive within such building, or if he make an assault upon any person lawfully therein, shall be punished by imprisonment in the State prison for life or for such term of years as may be determined by the court. If the offender be not armed nor arm himself with a dangerous weapon or aforesaid, nor have with him nor take into his possession any high explosive as aforesaid, nor make an assault upon any person lawfully in said building, he shall be punished by imprisonment in the State prison not exceeding twenty years.
Description
Categories
CARRY - INTENT TO COMMIT CRIME