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Trespassing Is A Serious Offense, Especially If It’s On Disney Property
Historical context: This article discusses an allegation reported during the 2020 pandemic. The written legal explanation below was updated September 30, 2026; it does not determine the outcome of that person’s case.
The coronavirus quarantine has made us all a little stir crazy. But that does not mean that every trip out of the house needs to be some sort of adventure. Just ask Richard McGuire, who was arrested and charged with trespassing after he was found camping on a Disney property.
Discovery Island is an abandoned but well-known Disney property. Although it has been vacant for two decades, it has a reputation for being a popular destination for urban explorers and social media influencers who want to show that they are edgy.
When local police arrested Richard McGuire for camping on Discovery Island, he claimed he had no idea he was trespassing on Disney property despite the fact that the island has numerous no trespassing signs and is surrounded by other Disney properties.
Florida Trespass Rules Depend on the Property
Section 810.08 concerns structures and conveyances. It covers willful unauthorized entry or remaining, and an authorized visitor’s refusal to depart after a warning by an authorized person. The ordinary offense is a second-degree misdemeanor, with higher classifications for specified occupancy or weapons circumstances.
Section 810.09 concerns other property. It generally requires unauthorized willful entry or remaining and statutory notice against entry, such as actual communication or qualifying posting, fencing, or cultivation. It also addresses specified unenclosed residential curtilage entered with intent to commit another offense. Its ordinary offense is a first-degree misdemeanor, with additional rules and felony classifications for specified circumstances.
Permission and Notice Require Evidence
Owner authorization, an invitation, the permitted scope of access, warnings, signs, and the statutory exceptions must be examined. The fact that strangers previously trespassed without being caught or prosecuted does not itself give later visitors implied permission. Social-media posts about unauthorized visits are not a substitute for the owner’s consent.
A news report does not supply all facts needed to assess an individual defense. The relevant property category, notice, authorization, conduct, and mental state must be evaluated against the actual charge.
As criminal defense attorneys, it is our job to do what we have done in this blog post, and break down the crimes our clients have been charged with into pieces. We then lay the evidence in the case on top of those pieces and look for weaknesses. Any supported weaknesses can inform a defense; no particular result can be promised.
If you have been charged with a criminal offense, and you are looking for an experienced criminal defense attorney in the Miami area, the Valiente Law team is ready to take your call. Please contact us today to schedule an initial consultation.
Posted in: Criminal