Murder in Florida law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

. The United States

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...

reported that in the year 2020, the state had a murder rate slightly above the median for the entire country.

Definitions

First-degree murder

, a person is guilty of first-degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first-degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation, called

felony murder The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in so ...

. This offense is categorized as capital offense, so if convicted, the offender could possibly receive the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

Felony murder rule

In the state of

, the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

felony murder rule has been codified in Florida Statutes § 782.04. Under this statute, a person can be held liable for a murder committed by a co-defendant, even if the person was not present when it occurred or if the death was accidental. As a result, someone who played a relatively minor role in the crime could still face life imprisonment. McCarthy, K.E. ''Felony Murder.'' Connecticut General Assembly Office of Legislative Research. The predicate

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...

that will support a charge of

first degree murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

under the statute are: *

Drug trafficking A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via inhalation, injection, smoking, ingestion, ...

Arson Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...

* Sexual battery *

Robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...

home invasion A home invasion, also called a hot prowl burglary, is a sub-type of burglary (or in some jurisdictions, a separately defined crime) in which an offender unlawfully enters into a building residence while the occupants are inside. The overarching i ...

robbery *

Burglary Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...

Kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...

*Escape *Aggravated abuse of a child, elderly person, or disabled adult * Aircraft piracy *Unlawful throwing, placing, or discharging of a destructive device or bomb *

Carjacking Carjacking is a robbery in which a motor vehicle is taken over.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is usually i ...

*Aggravated

stalking Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitorin ...

* Resisting an officer with violence to his or her person *Felonious acts of terrorism or in furtherance of an act of terrorism *Distribution of some controlled substances like cocaine and opium

Second-degree murder

Second-degree murder is defined as either the killing of another human being during the commission of a second-degree felony, or through an act that is imminently dangerous to human life demonstrating a depraved mind. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder.

Third-degree murder

Third-degree murder is defined as the unintentional killing of a human being during the commission or attempted commission of a non-violent felony.''The Florida Statutes.''

Attempted felony murder

Florida also recognizes the offense of

attempt An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...

ed felony murder, codified in F.S. § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies.

Penalties

Source: If a person participates in or is an accomplice to a predicate felony, and they or a co-defendant contributed to the death of the victim, then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life-without-parole and the death penalty. If a person commits a predicate felony, but the death of the victim was caused by someone other than a co-defendant then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life-without-parole, and the minimum term is 10 years. For juvenile offenders tried as adults, the standard maximum sentence for first- and second-degree murder is life with the possibility of parole after 15 years if the death was unintentional, and 25 years if the death was intentional. An exception to this rule applies to first-degree murders where the death was intentional, and the juvenile offender has a prior conviction for a violent crime; in such cases, the juvenile can be sentenced to life without the possibility of parole. The minimum sentence for first-degree murder for juveniles is 40 years.

References

External links

Text of the statute from the Florida Legislature
{{Murder in the United States by jurisdiction Murder in Florida U.S. state criminal law Florida law