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Florida State - Manslaughter

Manslaughter is a charge associated with the killing of another person under circumstances, which are deemed less culpable than murder. Some states differentiate between voluntary and involuntary manslaughter. Voluntary refers to cases in which the defendant may have intentionally caused the death or serious injury of another but was provoked and killed in the heat of passion. Involuntary manslaughter, also known as criminally negligent homicide, is the charge associated with cases where the killing was the unintentional result of a reckless or negligent act on the part of the defendant.

Florida state statutes defines manslaughter as well as several related charges in 782.07 as follows :

  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 775.082, 775.083, or 775.084.
  2. A person who causes the death of any elderly person or disabled adult by culpable negligence under 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony in the first degree, punishable as provided in 775.082, 775.083, or 775.084.
  3. A person who causes the death of any person under the age of 18 by culpable negligence under 827.0393) commits aggravated manslaughter of a child, a felony in the first degree, punishable as provided in 775.082, 775.083, or 775.084.
  4. A person who causes the death through culpable negligence, of an officer as defined in 943.10(14), a firefighter as defined in 112.191, an emergency medical technician as defined in 401.23, or a paramedic as defined in 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 775.082, 775.083, or 775.084.

The state of Florida as per jury instruction 7.7 must prove beyond a reasonable doubt that the victim is dead and that the defendant intentionally caused the death of the victim, the defendant intentionally procured the death of the victim, or that the death of the victim was caused by the culpable negligence of the defendant.