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Miami Murder Offenses Laws by Statute
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your rights and Murder.
Homicide / Murder
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."
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