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Homicide

Homicide / Murder

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782.02  Justifiable use of deadly force.

782.03  Excusable homicide.

782.035  Abrogation of common-law rule of evidence known as "year-and-a-day rule".

782.04  Murder.

782.051  Attempted felony murder.

782.07  Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

782.071  Vehicular homicide.

782.072  Vessel homicide.

782.08  Assisting self-murder.

782.081  Commercial exploitation of self-murder.

782.09  Killing of unborn child by injury to mother.

782.11  Unnecessary killing to prevent unlawful act.

782.30  Short title.

782.32  Definitions.

782.34  Partial-birth abortion.

782.36  Exceptions.

782.02  Justifiable use of deadly force.--The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.

History.--ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.

782.03  Excusable homicide.--Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

History.--s. 6, ch. 1637, 1868; RS 2379; GS 3204; RGS 5034; CGL 7136; s. 1, ch. 75-13.

782.035  Abrogation of common-law rule of evidence known as "year-and-a-day rule".--The common-law rule of evidence applicable to homicide prosecutions known as the "year-and-a-day rule," which provides a conclusive presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of the injury and the victim's death exceeds a year and a day, is hereby abrogated and does not apply in this state.

History.--s. 1, ch. 88-39.

782.04  Murder.--

(1)(a)  The unlawful killing of a human being:

1.  When perpetrated from a premeditated design to effect the death of the person killed or any human being;

2.  When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:

a.  Trafficking offense prohibited by s. 893.135(1),

b.  Arson,

c.  Sexual battery,

d.  Robbery,

e.  Burglary,

f.  Kidnapping,

g.  Escape,

h.  Aggravated child abuse,

i.  Aggravated abuse of an elderly person or disabled adult,

j.  Aircraft piracy,

k.  Unlawful throwing, placing, or discharging of a destructive device or bomb,

l.  Carjacking,

m.  Home-invasion robbery,

n.  Aggravated stalking,

o.  Murder of another human being,

p.  Resisting an officer with violence to his or her person,

q.  Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

3.  Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b)  In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.

(2)  The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  When a person is killed in the perpetration of, or in the attempt to perpetrate, any:

(a)  Trafficking offense prohibited by s. 893.135(1),

(b)  Arson,

(c)  Sexual battery,

(d)  Robbery,

(e)  Burglary,

(f)  Kidnapping,

(g)  Escape,

(h)  Aggravated child abuse,

(i)  Aggravated abuse of an elderly person or disabled adult,

(j)  Aircraft piracy,

(k)  Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l)  Carjacking,

(m)  Home-invasion robbery,

(n)  Aggravated stalking,

(o)  Murder of another human being,

(p)  Resisting an officer with violence to his or her person, or

(q)  Felony that is an act of terrorism or is in furtherance of an act of terrorism,

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)  The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:

(a)  Trafficking offense prohibited by s. 893.135(1),

(b)  Arson,

(c)  Sexual battery,

(d)  Robbery,

(e)  Burglary,

(f)  Kidnapping,

(g)  Escape,

(h)  Aggravated child abuse,

(i)  Aggravated abuse of an elderly person or disabled adult,

(j)  Aircraft piracy,

(k)  Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l)  Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

(m)  Carjacking,

(n)  Home-invasion robbery,

(o)  Aggravated stalking,

(p)  Murder of another human being,

(q)  Resisting an officer with violence to his or her person, or

(r)  Felony that is an act of terrorism or is in furtherance of an act of terrorism,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)  As used in this section, the term "terrorism" means an activity that:

(a)1.  Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or

2.  Involves a violation of s. 815.06; and

(b)  Is intended to:

1.  Intimidate, injure, or coerce a civilian population;

2.  Influence the policy of a government by intimidation or coercion; or

3.  Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

History.--s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212.

782.051  Attempted felony murder.--

(1)  Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(2)  Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(3)  When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

History.--s. 1, ch. 96-359; s. 18, ch. 97-194; s. 12, ch. 98-204; s. 4, ch. 2001-236.

782.07  Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.--

(1)  The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)  A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)  A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)  A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74.

782.071  Vehicular homicide.--"Vehicular homicide" is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

(1)  Vehicular homicide is:

(a)  A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

1.  At the time of the accident, the person knew, or should have known, that the accident occurred; and

2.  The person failed to give information and render aid as required by s. 316.062.

This paragraph does not require that the person knew that the accident resulted in injury or death.

(2)  For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.

(3)  A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section.

(4)  In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

History.--s. 16, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 86-296; s. 14, ch. 96-330; s. 9, ch. 98-417; s. 1, ch. 99-153; s. 2, ch. 2001-147.

782.072  Vessel homicide.--"Vessel homicide" is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:

(1)  A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)  A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(a)  At the time of the accident, the person knew, or should have known, that the accident occurred; and

(b)  The person failed to give information and render aid as required by s. 327.30(1).

This subsection does not require that the person knew that the accident resulted in injury or death.

History.--s. 1, ch. 87-20; s. 15, ch. 96-330; s. 2, ch. 99-153.

782.08  Assisting self-murder.--Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 9, ch. 1637, 1868; RS 2385; GS 3210; RGS 5040; CGL 7142; s. 716, ch. 71-136.

782.081  Commercial exploitation of self-murder.--

(1)  As used in this section, the term:

(a)  "Deliberately assisting" means carrying out a public act that is intended to:

1.  Aid, abet, facilitate, permit, advocate, or encourage;

2.  Publicize, promote, advertise, operate, stage, schedule, or conduct;

3.  Provide or secure a venue, transportation, or security; or

4.  Result in the collection of an admission or fee.

(b)  "Self-murder" means the voluntary and intentional taking of one's own life. As used in this section, the term includes attempted self-murder.

(c)  "Simulated self-murder" means the artistic depiction or portrayal of self-murder which is not an actual self-murder. The term includes, but is not limited to, an artistic depiction or portrayal of self-murder in a script, play, movie, or story presented to the public or during an event.

(2)  A person may not for commercial or entertainment purposes:

(a)  Conduct any event that the person knows or reasonably should know includes an actual self-murder as a part of the event or deliberately assist in an actual self-murder.

(b)  Provide a theater, auditorium, club, or other venue or location for any event that the person knows or reasonably should know includes an actual self-murder as a part of the event.

(3)  This section does not prohibit any event during which simulated self-murder will occur.

(4)  It is not a defense to a prosecution under this section that an attempted self-murder did not result in a self-murder.

(5)  A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or 1s. 775.084.

(6)  The Attorney General or any state attorney may bring a civil proceeding for declaratory, injunctive, or other relief to enforce the provisions of this section.

History.--s. 1, ch. 2004-30.

1Note.--Substituted by the editors for a reference to s. 774.084 which does not exist. Section 775.084 provides specified punishment for felonies.

782.09  Killing of unborn child by injury to mother.--The willful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 10, ch. 1637, 1868; RS 2386; GS 3211; RGS 5041; CGL 7143; s. 717, ch. 71-136.

782.11  Unnecessary killing to prevent unlawful act.--Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 13, ch. 1637, 1868; RS 2388; GS 3213; RGS 5043; CGL 7145; s. 719, ch. 71-136.

1782.30  Short title.--Sections 782.30-782.36 may be cited as the "Partial-Birth Abortion Act."

History.--s. 1, ch. 2000-142.

1Note.--Section 5, ch. 2000-142, provides that "[t]his act shall be liberally construed to effectively carry out its purposes. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern."

1782.32  Definitions.--As used in this act, the term:

(1)  "Partially born" means the living fetus's intact body, with the entire head attached, is presented so that:

(a)  There has been delivered past the mother's vaginal opening:

1.  The fetus's entire head, in the case of a cephalic presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed; or

2.  Any portion of the fetus's torso above the navel, in the case of a breech presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed.

(b)  There has been delivered outside the mother's abdominal wall:

1.  The fetus's entire head, in the case of a cephalic presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed; or

2.  Any portion of the child's torso above the navel, in the case of a breech presentation, up until the point of complete separation from the mother whether or not the placenta has been delivered or the umbilical cord has been severed.

(2)  "Living fetus" means any unborn member of the human species who has a heartbeat or discernible spontaneous movement.

(3)  "Suction or sharp curettage abortion" means an abortion, as defined in chapter 390, in which the developing fetus and the products of conception are evacuated from the uterus through a suction cannula with an attached vacuum apparatus or with a sharp curette.

History.--s. 2, ch. 2000-142.

1Note.--Section 5, ch. 2000-142, provides that "[t]his act shall be liberally construed to effectively carry out its purposes. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern."

1782.34  Partial-birth abortion.--Except as provided in s. 782.36, any person who intentionally kills a living fetus while that fetus is partially born commits the crime of partial-birth abortion, which is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 3, ch. 2000-142.

1Note.--Section 5, ch. 2000-142, provides that "[t]his act shall be liberally construed to effectively carry out its purposes. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern."

1782.36  Exceptions.--

(1)  A patient receiving a partial-birth-abortion procedure may not be prosecuted under this act.

(2)  This act does not apply to a suction or sharp curettage abortion.

(3)  This act does not constitute implicit approval of other types of abortion, which remain subject to all other applicable laws of this state.

(4)  This act does not prohibit a physician from taking such measures as are necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, provided that every reasonable precaution is also taken, in such cases, to save the fetus's life.

History.--s. 4, ch. 2000-142.

1Note.--Section 5, ch. 2000-142, provides that "[t]his act shall be liberally construed to effectively carry out its purposes. In the event of conflict between this act and any other provision of law, the provisions of this act shall govern."

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a criminal lawyer in Florida is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

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