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States such as Florida make it a felony to trespass on construction sites. This was passed due to excessive theft on these sites which are typically houses and buildings. However, what if a tower is under construction or is having work done on it? Would that be a felony?

as a resident of florida and in the construction industry, i am pretty positive that the law states ANY construction site trespassing qualifies as a felony. you should be able to find what you are looking for here: http://www.leg.state.fl.us/

good luck!

p.s. that doesn't mean you WILL be charged with a felony.. just that they can charge you with one.. and if you are climbing around a tower with a rig on, i'm guessing you would be if caught

When I was a young boy in New York City a good pair of running shoes were called felony flyers.

Sadly, I guess "felony flyers" will have a whole new meaning now . . .

I wonder who'll get life in prison as the first "third strike" BASE jumper?

NickD
BASE 194

With a penalty that harsh for such a minor offense, the rational thing to do is not surrender and fight for your life at any cost.

This is one reason some laws were rewritten to be less strict several years ago. Certain criminal perpetrators would kill their victims simply because the laws were so harsh that they would otherwise face life in prison. Unfortunately the law makers eventually changed and those harsh sentences are becoming irrationally popular with politicians and their unknowing constituents.

I predicted all this years ago . . .

http://www.dropzone.com/...ring=coppers;#564962

NickD
BASE 194

I was looking at jumping some tower cranes in Florida last fall and had to wait a night because of unfavorable winds. The next day I was doing some Big Way RW and a lawyer for one of the dropzones down there was with my group and the conversation turned to BASE jumping in Flordia, I told him about checking out the cranes the night before and he informed me that I had committed a felony just being on a "declared" construction site. The way he explained it to me was that the site had to be posted with signs stating that it is a "declared" construction site and that trespassing is Felony on that site. He also added that I would more then likely beat the charge in court, after being arrested and charged for a felony, bonding out as a felony, and paying a lawyer to defend me for a felony. The law was put in action to stop the theft on the sites. The last thing he said to me was, "come on vacation leave on probation"

The short answer is yes.

I've been a lawyer for dropzones, too, so I'll give my own opinion: don't be so sure that you won't be prosecuted for felony trespass. It's the DA's call to prosecute or not. The law sucks, but don't count on a judge or jury to nullify it. If you do, you're on a fool's errand.

Technically, the way to deal with the issue is to lobby the state legislature to amend the statute to account for lack of genuinely criminal intent. That being said, just don't hold your breath waiting for the legislature to carve out an exception in the trespass statute just to accommodate some BASE jumpers. Trust me: the construction industry in Florida has far more political clout than the community of BASE jumpers does.

Sorry to be the bearer of bad news. Please don't shoot the messenger.

It would be much worse news if no one knew what the actual consequences were. Bad news vs Terrible news with heavy consequences. I in fact knew the answer. I wanted the community to realize what the legal consequences can be without proper legal knowledge. Any of you guys have experience with prepaid legal services?

hey, it's florida, it could be worse: three strikes and you're dead!

At my last job I had an insurance that they offered called metlaw. It was only $9/month for an attorney to represent you if you need it. They have a network of attorneys for all different categories. I never used it, so I can't say if it was easy or worth it, but it seems like a great idea.