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steve2470

(37,481 posts)
49. Murder statute of the state of Florida with link
Thu Apr 12, 2012, 12:04 PM
Apr 2012
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.04.html

Title XLVI
CRIMES Chapter 782
HOMICIDE View Entire Chapter

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., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone 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; s. 12, ch. 2005-128; s. 1, ch. 2010-121.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Thanks for the info. Smilo Apr 2012 #1
I read that he can't be charged with murder in Florida, because only a grand jury can do that. pnwmom Apr 2012 #2
Not quite. First degree murder cases require grand juries in FL. TheWraith Apr 2012 #4
That makes sense -- there was no evidence of premeditation. n/t pnwmom Apr 2012 #5
Just my opinion, but I do think there was premeditation notadmblnd Apr 2012 #38
Really? Recursion Apr 2012 #47
Yes, I do. notadmblnd Apr 2012 #53
Apparently there is malice though. n/t vaberella Apr 2012 #45
With these definitions in mind, I'm not sure how they could PROVE that he gateley Apr 2012 #9
A lot depends on the evidence that we haven't seen. TheWraith Apr 2012 #15
And he was found on his stomach, I understand, and there is a possibility pnwmom Apr 2012 #17
If the entry wound were in the back lacrew Apr 2012 #36
It was something I heard that the mortician had said, I believe. pnwmom Apr 2012 #46
I going to go out on a limb here lacrew Apr 2012 #48
That's not exactly surprising to me. TheWraith Apr 2012 #51
Yes, if he was found guilty of manslaughter and sentenced to real prison time, I would be relieved. pnwmom Apr 2012 #16
Thanks for the education! gateley Apr 2012 #3
Nope. Florida self defense law has very specific rules about aggressors. TheWraith Apr 2012 #7
Good! I've heard some pretty jaw-dropping stories of people getting off because of that law -- gateley Apr 2012 #10
But I thought this was exactly why the SYG law is so controversial--- CenPhx Apr 2012 #29
Ok, you've cited the statute for where the shooter is the initial aggressor... CenPhx Apr 2012 #34
Correct, it only applies to a person who is NOT the aggressor. TheWraith Apr 2012 #44
We'll take this one chunk at a time. TheWraith Apr 2012 #35
Manslaughter peace frog Apr 2012 #6
Thanks for posting n/t emulatorloo Apr 2012 #8
very helpful information Bluerthanblue Apr 2012 #11
Great post. Thanks. Baitball Blogger Apr 2012 #12
Very interesting. Thanks. nt Sarah Ibarruri Apr 2012 #13
Use of a firearm during a crime ups the ante... Sancho Apr 2012 #14
Yes, though that applies only for felonies. TheWraith Apr 2012 #18
It should be second degree murder anti-alec Apr 2012 #54
I didn't realize killing had such a limited punishment, a likely 10 to 15 years is all for Dragonfli Apr 2012 #19
The criminal justice system is always dependent on what can be proved. TheWraith Apr 2012 #20
K & R! nt riderinthestorm Apr 2012 #21
A former coworker... meeksgeek Apr 2012 #22
I think that is a travesty of justice. Atypical Liberal Apr 2012 #26
He can not be charged with murder in the first obxhead Apr 2012 #23
If its true that Trayvon was scteaming for help Solomon Apr 2012 #24
Told you. Solomon Apr 2012 #40
Third or manslaughter nadinbrzezinski Apr 2012 #25
I'm not sure I agree with your hypothetical example of the... SamG Apr 2012 #27
Plus, 2nd degree gives teh chance for a plea deal. Go high, plea down. nt DevonRex Apr 2012 #32
Manslaughter has several levels as well. TheWraith Apr 2012 #42
Nice work. rrneck Apr 2012 #28
Was George Zimmerman in his car/truck when he spoke to 911? riverbendviewgal Apr 2012 #30
As I understand it, he was already out of his vehicle when he was told that. TheWraith Apr 2012 #37
murder in the 2nd DevonRex Apr 2012 #31
Book'em danno usrname Apr 2012 #33
Thank-you. My first reaction was to ask that question and here you answered it. robinlynne Apr 2012 #39
manslaughter still ruins your life. Ask any of the EMT or emergency vehicle drivers pasto76 Apr 2012 #41
I highly recommend the OP. onenote Apr 2012 #43
Murder statute of the state of Florida with link steve2470 Apr 2012 #49
SP said on camera, it'd be Second Degree Murder. The video was one of those posted here yesterday. freshwest Apr 2012 #50
Thanks and I read for Murder 2 there has to be malicious intent. n/t vaberella Apr 2012 #52
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