Is a Porch a Dwelling? Florida Court Clarifies Burglary Law

Is a Porch a Dwelling Under Florida Burglary Law?  That question was at the center of a recent Florida case, Krasner v. State, 4D2024-0355 (June 11, 2025). The Fourth District Court of Appeal ruled that a covered front porch can qualify as part of a dwelling under Florida’s burglary statute. This ruling has serious implications for people accused of theft from homes in Florida.

What Happened in the Case?

Jennifer Liza Krasner was caught on video taking Amazon packages from the front porch of a home. One victim was inside during the incident and later identified her in a police photo lineup. Krasner was charged with burglary of an occupied dwelling.

At trial, the jury found her guilty of a lesser offense—burglary of an unoccupied structure. However, the defense argued the porch was not part of the dwelling under Florida law and asked the judge to dismiss the case. The court refused.

What Does Florida Law Say?

Under Florida Statute § 810.011(2), a “dwelling” includes any building or conveyance “including any attached porch.” That means a porch can be treated as part of a person’s home when it comes to burglary charges.

Is a Porch a Dwelling in Florida Burglary Law? What the Court Decided.

The court ruled that the porch in this case was part of the dwelling. It was covered by the same roof as the house, connected to the front door, and included personal items like a welcome mat. These features made it clear the porch was part of the living space.

Why the Defense Lost

Krasner’s lawyers cited two earlier cases where courts found that open yards or concrete pads near homes were not part of a dwelling. But the court said those situations were different. In this case, the porch was clearly attached and covered, making it part of the home under the law.

The ruling closely followed the court’s decision in Morlas v. State, where a covered entryway was also found to be a dwelling.

Other Legal Issues

Krasner also argued that she should have had a twelve-person jury. The court rejected that claim. Florida law only requires twelve-person juries in death penalty cases.

There were also two clerical errors in the judgment. The court corrected the language to reflect that the charge was for burglary of a structure—not a dwelling—and that Krasner went to trial, not a plea.

Why This Case Matters

This case shows that a theft from a porch is not just a minor crime. Under Florida law, it can lead to serious felony charges. Prosecutors can treat it as a burglary of a structure or even a dwelling, depending on how the porch is built and connected to the home.

What You Should Do If Charged

If you are charged with burglary in Florida, do not assume it’s a simple matter. The definition of a dwelling can make a major difference in the level of the charge and potential penalties. You need a skilled attorney who understands how Florida courts interpret burglary laws.

At The Brancato Law Firm, P.A., we bring over 25 years of experience defending serious criminal charges. If you’re facing burglary or theft accusations, contact us today for a confidential consultation. We serve clients throughout Tampa, Hillsborough, Pinellas, and Pasco Counties.