Murder in Florida law
Murder in Florida constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate slightly above the median for the entire country.[1]
Definitions
First-degree murder
In Florida, 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. This offense is categorized as capital offense, so if convicted, the offender could possibly receive the death penalty.[2][3]
Felony murder rule
In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04.[4]
The predicate felonies that will support a charge of first degree murder under the statute are:[5][6]
- Drug trafficking
- Arson
- Sexual battery
- Robbery or home invasion robbery
- Burglary
- Kidnapping
- 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
- Aggravated stalking
- Murder
- 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
The statute also punishes as second degree murder the killing of another human being during the commission of a felony that is imminently dangerous to human life. 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.[7]
Penalties
Source:[8]
| Offense | Mandatory sentencing |
|---|---|
| Manslaughter |
|
| Third-degree murder | 10+1⁄3 to 15 years in prison/probation |
| Aggravated manslaughter of a child |
|
| Second-degree murder |
|
| First-degree murder | Death or life imprisonment without the possibility of parole |
If a person committing a predicate felony directly 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 in prison and the death penalty.[7][9] If the defendant was under 18, a judge sets a maximum term of 40 years and they are eligible for a review of their sentence after 25 years.
If a person commits a predicate felony, but was not the direct contributor to the death of the victim 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.[7][9] If the defendant was under 18, a judge sets a maximum term of 30 years and they are eligible for a review of their sentence after 25 years.
See also
- Ryan Holle, criminal defendant whose case involved a controversial application of the felony murder rule
- Jennifer Mee
- Law of Florida
References
- "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- "Florida Statutes, Sec. 782.04. Murder". Florida Senate. Retrieved September 10, 2017.
- "Florida Statutes, Sec. 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison". Florida Senate. Retrieved September 10, 2017.
- McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research.
- The Florida Statutes. Official Internet Site of the Florida Legislature.
- "FL statutes for murder". FL Senate.
- The Florida Statutes.
- "782.04(2)". Florida legislature.
- "FL sentencing guidelines". FL Senate.