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Florida State - Murder (Homicide)

Murder is the unlawful taking of another human life with malice aforethought (intent). In many cases murder is also the charge associated with the killing of another person during the commission of another felony. Commonly considered the most serious of all criminal offenses the punishment differs according to the existence of mitigating factors and the intent of the defendant at the time of the killing. The possible punishments in the United States vary by state and range from a prison term to the death penalty in those states, which still employ that as a criminal sentence.

The Florida State statutes defines murder in §782.04 as follows :

    1. 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 :
        1. Trafficking offense prohibited by §893.135(1),
        2. Arson,
        3. Sexual battery,
        4. Robbery,
        5. Burglary,
        6. Kidnapping,
        7. Escape,
        8. Aggravated child abuse,
        9. Aggravated abuse of an elderly person or disabled adult,
        10. Aircraft piracy,
        11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
        12. Carjacking,
        13. Home-invasion robbery,
        14. Aggravated stalking,
        15. Murder of another human being,
        16. Resisting an officer with violence to his or her person,
        17. 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 §893.03(1), cocaine as described in §893.03(2)
      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 §775.082.
    2. In all cases under this section, the procedure set forth in §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 §775.082, §775.083, or §775.084.
  3. When a person is killed in the perpetration of, or attempt to perpetrate, any :
    1. Trafficking offense prohibited by §893.135(1),
    2. Arson,
    3. Sexual battery,
    4. Robbery,
    5. Burglary,
    6. Kidnapping,
    7. Escape,
    8. Aggravated child abuse,
    9. Aggravated abuse of an elderly person or disabled adult,
    10. Aircraft piracy,
    11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    12. Carjacking,
    13. Home-invasion robbery,
    14. Aggravated stalking,
    15. Murder of another human being,
    16. Resisting an officer with violence to his or her person, or
    17. Felony that is an act of terrorism or is in furtherance of an act of terrorism, by a person other than the person perpetrating or attempting 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 lige or as provided in §775.082, §775.083, or §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 :
    1. Trafficking offense prohibited by §893.135(1),
    2. Arson,
    3. Sexual battery,
    4. Robbery,
    5. Burglary,
    6. Kidnapping,
    7. Escape,
    8. Aggravated child abuse,
    9. Aggravated abuse of an elderly person or disabled adult,
    10. Aircraft piracy,
    11. Unlawful throwing, placing, or discharging of a destructive device or bomb,
    12. Unlawful distribution of any substance controlled under §893.01(1), cocaine as described in §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,
    13. Carjacking,
    14. Home-invasion robbery,
    15. Aggravated stalking,
    16. Murder of another human being,
    17. Resisting an officer with violence to his or her person, or
    18. 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 §775.082, §775.083, or §775.085.
  5. As used in this section, the term "terrorism" means an activity that :
      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 §815.06 and
    2. 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.

Attempted felony murder, which is a slightly different charge is defined by Florida State statutes in §782.051, which reads as follows :

  1. Any person who perpetrates or attempts to perpetrate any felony enumerated in §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 §775.082, 775.083, or §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 §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 §775.082, §775.083, or §775.084, which is an offense ranked 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 §782.04(3)) by a person other than the person engaged int eh 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 §775.082, §775.083, or §775.084, which is an offense ranked at level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

The Florida State Statutes in §782.07 defines the crimes of 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 and reads 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(2) commits aggravated manslaughter of an elderly person or disabled adult, a felony of 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 §827.03(3) commits aggravated manslaughter of a child, a felony of 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.

To prove first degree premeditated murder the state must prove beyond a reasonable doubt that the victim is dead, that the death was caused by the criminal act of the defendant, and that there was a premeditated killing of the victim. For purposes of the jury instructions the court defined "killing with premeditation" as killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. While the law does not set a particular amount of time that must pass between the premeditated intent to kill and the killing but enough time must pass for reflection by the defendant. The question of whether or not premeditation existed at the time of the killing is a question of fact to be determined by a jury. The jury instructions further clarify that if during the premeditated attempted murder of one person the defendant actually kills another person that killing is also to be considered as premeditated.

To prove the crime of first degree felony murder the state of Florida must prove (1) that the victim is dead; (2) that the death occurred as a consequence of and while the defendant was engaged in the commission of a crime, or that the death occurred as a consequence of and while the defendant was attempting to commit another crime, or that the death occurred as a consequence of and while the defendant or an accomplice as escaping from the immediate scene of another crime; and (3) that the defendant was the person who actually killed the victim or that the victim was killed by a person other than the defendant but both the defendant and the person who killed the victim were principals in the commission of another time. However, under this slightly different charge it is not necessary for the state of Florida to prove that the defendant had a premeditated design or intent to kill.

To prove murder in the second degree the state of Florida must prove beyond a reasonable doubt that the victim is dead, the death was caused by the criminal act of the defendant, and there as an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. Similarly, as above to prove murder in the second degree the state does not have to prove that the defendant had an intent to cause death.

To prove the crime of second degree felony murder the state of Florida must prove beyond a reasonable doubt that (1) the victim is dead; (2) that the death occurred as a consequence of and while another crime was being committed, or that the death occurred as a consequence of and while there was an attempt to commit another crime,, or that the death occurred as a consequence of and while there was an escape from the immediate scene of another crime; (3) that the defendant was not the person who actually killed the victim but did knowingly aid, abet, counsel, hire or otherwise procure the commission of the other crime; and (4) that the person who actually did kill the victim was not involved in the commission or the attempt to commit the other crime.

To prove third degree felony murder the state must prove beyond a reasonable doubt that (1) the victim is dead; (2) the death occurred as a consequence of and wile the defendant was engaged in the commission of an additional crime, or that the death occurred as a consequence of and while the defendant was attempting to commit the other crime or the death occurred as a consequence of and while the defendant or an accomplice was escaping from the immediate scene of another crime; and (3) that the defendant was the person who actually killed the victim or if the victim was killed by a person other than the defendant but both the defendant and the person who killed the victim were principals in the commission of the other crime. However, for this particular charge it is not necessary for the state to prove the killing was perpetrated with a design to effect death.