Florida Statutes
Fla. Stat. § 782.03 (2025)
Excusable homicide.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 70
cases (6 in the last 5 years), 1942–2026 · leading case: State v. Smith, 573 So. 2d 306 (Fla. 1990).
State v. Smith, 573 So. 2d 306 (Fla. 1990). “This instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, 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…”
Pena v. State, 901 So. 2d 781 (Fla. 2005). “Excusable Homicide § 782.03, Fla. Stat. The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1.”
Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “Section 782.03, Florida Statutes (1991), reads as follows: 782.”
In re Amendments to Stand. Jury Instructions in Crim. Cases—Instruction 7.7, 75 So. 3d 210 (Fla. 2011). “§ 782.03, Fla. Stat. Give only if 2a alleged and proved, and manslaughter-is-being defined as-cir-lesser included-ojfense-of first degree premeditated murder? In order to convict of manslaughter by act, it is not necessary for the State to prove that the defendant had an intent…”
Bowes v. State, 500 So. 2d 290 (Fla. 3d DCA 1986). “Bowes contends on appeal that the instruction given by the trial court could have misled the jury to believe that excusable homicide was not an available defense if dangerous weapons had been used.”
Weir v. State, 777 So. 2d 1073 (Fla. 4th DCA 2001). “§ 782.03, Fla.Stat. (emphasis added) Weir argues that the trial judge should have granted his motion for judgment of acquittal because the punch which eventually led to Michael Martin's demise was excusable, having resulted from a single punch which took place in a sudden…”
Hall v. State, 951 So. 2d 91 (Fla. 2d DCA 2007). “Section 782.03, Florida Statutes (1999), provides: 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…”
Rozzelle v. Sec'y, Florida Dep't of Corr., 672 F.3d 1000 (11th Cir. 2012). “” See Fla. Stat. § 782.03 . 4 The jury convicted Rozzelle of second-degree murder.”
FINR v. Marshall, 943 So. 2d 976 (Fla. 2d DCA 2006). “The existence of the legal categories of excusable homicide, see § 782.03, Fla. Stat. (2003), and justifiable homicide, see § 782.”
In Re: Stand. Jury Instructions in Crim. Cases—report 2016-01, 213 So. 3d 680 (Fla. 2017). “§ 782.03, Fla. Stat. Give only if 2a alleged and proved.”
Bowen v. State, 791 So. 2d 44 (Fla. 2d DCA 2001). “" See § 782.03, Fla. Stat. (1997); Fla. Std. Jury Instr.”
Pena v. State, 829 So. 2d 289 (Fla. 2d DCA 2002). “EXCUSABLE HOMICIDE § 782.03, Fla. Stat. The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1.”
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