Murder in Florida law

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.

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. 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.^[4][5]

The predicate felonies that will support a charge of first degree murder under the statute are:^[6][7]

• 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
• 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.^[8]

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.^[8]

Attempted felony murder

Florida also recognizes the offense of attempted 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.^[4]

Penalties

Source:^[9]

Offense	Mandatory sentencing
Manslaughter	Maximum of 15 years in prison/probation if a firearm is not used Maximum of 30 years in prison/probation if a firearm is used
Third-degree murder	10+1⁄3 to 15 years in prison/probation
Aggravated manslaughter of a child	Maximum of 30 years in prison/probation if a firearm is not used Maximum of life-without-parole if a firearm is used
Second-degree murder	Minimum of 16+1⁄4 years in prison/probation if a firearm is not used Minimum of 25 years in prison/probation if a firearm is used For adults: Maximum of life-without-parole For juveniles: Maximum of life-with-parole after 15 or 25 years[10]
First-degree murder	For adults: Death by electric chair or lethal injection or life-without-parole For juveniles: Minimum of 40 years in prison/probation Maximum of life-with-parole after 15 or 25 years if the juvenile was not convicted of any earlier violent crimes Maximum of life-without-parole if the juvenile had been convicted of any earlier violent crimes and the murder was intentional[10]

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.^[8][11]

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.^[8][11]

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.

See also

• Doug Gilding – Incarcerated for nearly 30 years, Gilding’s case is notable for its application of the felony murder rule, as he received a life sentence despite not being present at the scene of the crime.
• Ryan Holle - Criminal defendant whose case involved a controversial interpretation of the felony murder rule; sentence commuted by Florida's governor.
• Jennifer Mee
• Law of Florida