Is it a crime to sneak into a hotel pool?

Question

Suppose a hotel pool is very easy to get into, although there is a sign that it is only for the hotel guests. Is getting caught punishable by law enforcement? This is in Orange County, Florida, USA.

Answer 1

• Short Answer:

If there are signs prohibiting non-guests then it's more than likely to be misdemeanor in the first degree.

• Long Answer:

The offence is one of trespass contrary to Florida's TITLE XLVI, Chapter 810.09:

(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or

2. [omitted]

commits the offense of trespass on property other than a structure or conveyance.

;(b) [omitted]

(2)(a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082¹ or s. 775.083².

The general power of arrest, at 901.15, requires a warrant for this offence unless certain conditions are met, as explained here:

When can an officer in Florida make a warrantless arrest for a misdemeanor? As a general rule, a warrant is required for a misdemeanor arrest unless:

• all of the elements of the misdemeanor were committed in the officer’s presence; or

• the officer has probable cause for the arrest and the misdemeanor is on the list of statutory exceptions found in Section 901.15, F.S.; or

• the officer has reasonable grounds to believe that the subject has violated probation or community control in any material respect (sometimes called the “COP VOP” exception contained in Section 948.06).

¹ The more likely punishments, based on a lack of specific detail, seem to be:

For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year

²Or:

[not exceeding] $1,000, when the conviction is of a misdemeanor of the first degree

Note that these punishments are maximums the court could impose if the hotel wanted to pursue the matter criminally.