Florida Statute 812.135 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 812
THEFT, ROBBERY, AND RELATED CRIMES

View Entire Chapter

F.S. 812.135

812.135 Home-invasion robbery.—

(1) “Home-invasion robbery” means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 93-212; s. 1, ch. 2004-290.

F.S. 812.135 on Google Scholar

F.S. 812.135 on CourtListener

Amendments to 812.135

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 812.135

Level: Degree
Misdemeanor/Felony: First/Second/Third

S812.135 2a - ROBBERY-RESID - HOME INVASION W/FIREARM OTHER DEADLY WEAPON - F: F

S812.135 2b - ROBBERY-RESID - HOME INVASION WITH WEAPON - F: F

S812.135 2c - ROBBERY-RESID - HOME INVASION W/O FIREARM OR WEAPON - F: F

Cases Citing Statute 812.135

Total Results: 30

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

great bodily harm. (14) HOME INVASION ROBBERY F.S. 812.135 [New] Before you can find the defendant guilty

Bowers v. State

679 So. 2d 340, 1996 WL 496162

District Court of Appeal of Florida | Filed: Sep 4, 1996 | Docket: 1666057

Cited 9 times | Published

single dwelling occupied by its two owners. Section 812.135, Florida Statutes (1995), defines home-invasion

Mendez v. State

798 So. 2d 749, 2001 WL 314524

District Court of Appeal of Florida | Filed: Mar 30, 2001 | Docket: 1238566

Cited 8 times | Published

home invasion robbery *750 in violation of section 812.135, Florida Statutes (1998), burglary of a dwelling

In re Standard Jury Instructions in Criminal Cases—Report No. 2012-09

122 So. 3d 263, 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234660

Cited 5 times | Published

2d 1160], and 2013. 15.3 HOME-INVASION ROBBERY § 812.135, Fla. Stat. To prove the crime of Home-Invasion

Young v. State

988 So. 2d 1128, 2008 WL 2853149

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 1722168

Cited 5 times | Published

felony of home-invasion robbery, a violation of section 812.135, Florida Statutes (2002). The date of the alleged

Morales v. State

973 So. 2d 679, 2008 WL 373626

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 1292789

Cited 4 times | Published

withdraw plea. The State charged Morales under section 812.135(2)(a), Florida Statutes (2006), with home-invasion

Coleman v. State

956 So. 2d 1254, 2007 WL 1544120

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 1740538

Cited 4 times | Published

assault or battery violate double jeopardy. Section 812.135(1), Florida Statutes (2003), states the following:

Tuttle v. State

137 So. 3d 393, 2014 WL 481180, 2014 Fla. App. LEXIS 1671

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60240301

Cited 3 times | Published

does commit a robbery of the occupants therein.” § 812.135(1), Fla. Stat. (2010). Burglary is defined as

Davis v. State

74 So. 3d 1096, 2011 Fla. App. LEXIS 13824, 2011 WL 3849615

District Court of Appeal of Florida | Filed: Aug 31, 2011 | Docket: 2356288

Cited 2 times | Published

810.02(1)(b), (2)(a), Fla. Stat. (2009), with § 812.135(1), Fla. Stat. (2009); see Bowers v. State, 679

Schulterbrandt v. State

984 So. 2d 542, 2008 WL 1808501

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 1686141

Cited 2 times | Published

two counts of attempted armed robbery under section 812.135, Florida Statutes (2005) (the home-invasion

Green v. State

828 So. 2d 462, 2002 WL 31322534

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 183160

Cited 2 times | Published

distinction between the home invasion robbery of section 812.135(1), which subsumes the offense of a burglary

Franklin Sanchez v. State

164 So. 3d 4, 2014 WL 4426377

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185605

Cited 1 times | Published

was a first degree felony punishable by life. § 812.135(2)(a), Fla. Stat. (2007). It could not properly

Suomi v. State

947 So. 2d 697, 2007 WL 397211

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 1376528

Cited 1 times | Published

Home invasion robbery is a first degree felony, § 812.135(2), Fla. Stat. (2001), punishable by up to thirty

Brock v. State

911 So. 2d 271, 2005 WL 2396496

District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 1529012

Cited 1 times | Published

conviction be vacated. Otherwise, we affirm. Section 812.135, Florida Statutes (2001), the home-invasion

Pantle v. State

784 So. 2d 1139, 2001 WL 166792

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 1744074

Cited 1 times | Published

robbery, a first-degree felony, in violation of section 812.135, Florida Statutes (1995), and in case number

Deymus Ramos Gonzalez v. The State of Florida

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 69101634

Published

including armed home invasion robbery under section 812.135, Florida Statutes, and aggravated stalking

JOHN AARON JACKSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497122

Published

home-invasion robbery while carrying a firearm under section 812.135, Florida Statutes (2007). In addition, he was

Holly Elizabeth Caudle v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2019 | Docket: 16068376

Published

Appellant’s co-defendants stole the victim’s guns. See § 812.135(2)(a), Fla. Stat. (2014) (“If in the course of

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-06

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544796

Published

2631, and 2018. 15.3 HOME-INVASION ROBBERY § 812.135, Fla. Stat. To prove the crime of Home-Invasion

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-06.

260 So. 3d 941

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439936

Published

2018 . 15.3 HOME-INVASION ROBBERY § 812.135, Fla. Stat. To prove the crime of Home-Invasion

FELIX S. VANN, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225298

Published

se. PER CURIAM. Affirmed. See § 812.135(2)(c), Fla. Stat. (2009); Staley v. State, 934

Jonathan Joseph Covello v. State

154 So. 3d 401, 2014 Fla. App. LEXIS 19603, 2014 WL 6775312

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610807

Published

for treatment as a sexually violent predator. § 812.135, Fla. Stat. (2014).

Jonathan Joseph Covello v. State

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447660

Published

for treatment as a sexually violent predator. § 812.135, Fla. Stat. (2014).

Franklin Sanchez v. State

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3595

Published

was a first degree felony punishable by life. § 812.135(2)(a), Fla. Stat. (2007). It could not properly

Hall v. State

109 So. 3d 847, 2013 WL 856717, 2013 Fla. App. LEXIS 3762

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60229818

Published

conviction for home-invasion robbery pursuant to section 812.135(2)(a), Florida Statutes (2009). See Clark v

Reyes v. State

83 So. 3d 974, 2012 WL 934123, 2012 Fla. App. LEXIS 4445

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 2413730

Published

and home invasion robbery, in violation of section 812.135(2)(c), Florida Statutes (2009), a first-degree

Pickens v. State

65 So. 3d 119, 2011 Fla. App. LEXIS 10317, 2011 WL 2578571

District Court of Appeal of Florida | Filed: Jun 30, 2011 | Docket: 60301650

Published

robbery pursuant to section 812.13(2)(a), not section 812.135 as listed. In case 09-1299, the appellant was

In re Standard Jury Instructions in Criminal Cases-Report No. 2007-5

982 So. 2d 1160, 33 Fla. L. Weekly Supp. 313, 2008 Fla. LEXIS 886, 2008 WL 2051068

Supreme Court of Florida | Filed: May 15, 2008 | Docket: 64854919

Published

and amended in 2008. 15.3 HOME-INVASION ROBBERY § 812.135, Fla. Stat. To prove the crime of Home-Invasion

Jones v. State

969 So. 2d 1126, 2007 Fla. App. LEXIS 18044, 2007 WL 3342068

District Court of Appeal of Florida | Filed: Nov 13, 2007 | Docket: 64853291

Published

“home invasion robbery with firearm” under section 812.135(2)(a), the 2005 version, when the correct statutory

Stuart v. State

771 So. 2d 1192, 2000 Fla. App. LEXIS 13235, 2000 WL 1514107

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64801889

Published

. He was adjudicated guilty of violating section 812.135, Florida Statutes (1997), a first degree felony