Home-Invasion Robbery
Entering a dwelling with intent to commit robbery and committing robbery of an occupant inside.
Florida Statute
§ 812.135
Home-invasion robbery
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Home-invasion robbery combines entry into a dwelling with intent to commit robbery and an actual robbery of an occupant. All weapon tracks are first-degree felonies; carrying a firearm or other deadly weapon is punishable by a term of years not exceeding life.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
With Firearm or Other Deadly Weapon
F.S. § 812.135(2)(a)
Home-invasion robbery committed while the offender carried a firearm or other deadly weapon; punishable by a term of years not exceeding life.
With Weapon
F.S. § 812.135(2)(b)
Home-invasion robbery committed while the offender carried a weapon.
No Firearm, Deadly Weapon, or Other Weapon
F.S. § 812.135(2)(c)
Home-invasion robbery committed while the offender carried no firearm, deadly weapon, or other weapon.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant entered the dwelling of the victim.
Plain language: The defendant went into the victim's dwelling.
- Element 2AND — Required
The State must prove all of the following
At the time the defendant entered the dwelling, the defendant intended to commit robbery.
Plain language: The intent to commit robbery existed when the defendant entered the dwelling.
- Element 3AND — Required
The State must prove all of the following
While inside the dwelling, the defendant committed robbery.
Plain language: An actual robbery of an occupant occurred inside the dwelling.
Jury Instructions
Jury Instructions
Instruction 15.3
Home-Invasion Robbery
Florida Standard Jury Instruction for F.S. § 812.135. The instruction incorporates the applicable robbery instruction.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Dwelling
A dwelling is a building or conveyance of any kind, including any attached porch, designed to be occupied by people lodging at night, together with its curtilage.
Robbery
Robbery is taking money or property from another person's person or custody when force, violence, assault, or putting in fear is used in the course of the taking.
Additional Notes
Additional Notes
Quick Reference
Confirm the dwelling entry, the intent to commit robbery at entry, and the completed robbery of an occupant inside. Each is required.
Burglary Distinction
Burglary can be based on entry with intent to commit a qualifying offense. Home-invasion robbery requires both intent to commit robbery at entry and an actual robbery of dwelling occupants inside.
Weapon Track
All statutory tracks are first-degree felonies. Carrying a firearm or other deadly weapon makes the offense punishable by a term of years not exceeding life; carrying a weapon or no weapon remains a first-degree felony under the respective statutory tracks.