Florida Statute 782.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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F.S. 782.04

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. Aggravated fleeing or eluding with serious bodily injury or death,

r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or

s. Human trafficking; or

3. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user:

a. A substance controlled under s. 893.03(1);

b. Cocaine, as described in s. 893.03(2)(a)4.;

c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;

d. Methadone;

e. Alfentanil, as described in s. 893.03(2)(b)1.;

f. Carfentanil, as described in s. 893.03(2)(b)6.;

g. Fentanyl, as described in s. 893.03(2)(b)9.;

h. Sufentanil, as described in s. 893.03(2)(b)30.;

i. Methamphetamine, as described in s. 893.03(2)(c)5.; or

j. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-i.,

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. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.

(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 human being is killed during the perpetration of, or during the attempt to perpetrate, any:

(a) Trafficking offense prohibited by s. 893.135(1),

(b) Arson,

(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) Aggravated fleeing or eluding with serious bodily injury or death,

(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, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

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 commits 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,

(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 listed in sub-subparagraphs (1)(a)3.a.-j. by a person 18 years of age or older, when such substance is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user,

(m) Carjacking,

(n) Home-invasion robbery,

(o) Aggravated stalking,

(p) Murder of another human being,

(q) Aggravated fleeing or eluding with serious bodily injury or death,

(r) Resisting an officer with violence to his or her person, or

(s) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

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:

(a) “Substantial factor” means that the use of the substance or mixture alone is sufficient to cause death, regardless of whether any other substance or mixture used is also sufficient to cause death.

(b) “Terrorism” means an activity that:

1.a. 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

b. Involves a violation of s. 815.06; and

2. Is intended to:

a. Intimidate, injure, or coerce a civilian population;

b. Influence the policy of a government by intimidation or coercion; or

c. 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; s. 2, ch. 2012-21; s. 4, ch. 2014-176; s. 9, ch. 2015-34; s. 2, ch. 2016-13; s. 2, ch. 2016-24; s. 24, ch. 2016-105; s. 4, ch. 2017-1; s. 7, ch. 2017-37; s. 2, ch. 2017-107; s. 17, ch. 2018-13; ss. 114, 122, ch. 2019-167; s. 1, ch. 2022-129; s. 1, ch. 2023-196.

F.S. 782.04 on Google Scholar

F.S. 782.04 on Casetext

Amendments to 782.04

Arrestable Offenses / Crimes under Fla. Stat. 782.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.04 1a1 - HOMICIDE - MURDER FIRST DEGREE PREMEDITATED - F: C

S782.04 1a2 - HOMICIDE - RENUMBERED. SEE REC # 8867 - F: C

S782.04 1a2a - HOMICIDE - MURDER WHILE ENGAGED IN TRAFFICKING - F: C

S782.04 1a2b - HOMICIDE - MURDER WHILE ENGAGED IN ARSON - F: C

S782.04 1a2c - HOMICIDE - MURDER WHILE ENGAGED IN SEXUAL BATTERY - F: C

S782.04 1a2d - HOMICIDE - MURDER WHILE ENGAGED IN ROBBERY - F: C

S782.04 1a2e - HOMICIDE - MURDER WHILE ENGAGED IN BURGLARY - F: C

S782.04 1a2f - HOMICIDE - MURDER WHILE ENGAGED IN KIDNAPPING - F: C

S782.04 1a2g - HOMICIDE - MURDER WHILE ENGAGED IN ESCAPE - F: C

S782.04 1a2h - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED CHILD ABUSE - F: C

S782.04 1a2i - HOMICIDE - MURDER ENGAGED AGG ABUSE ELDER PERS DISAB ADLT - F: C

S782.04 1a2j - HOMICIDE - MURDER WHILE ENGAGED IN AIRCRAFT PIRACY - F: C

S782.04 1a2k - HOMICIDE - MURDER ENGAGED THROW PLACE DISCH DEST DEV BOMB - F: C

S782.04 1a2l - HOMICIDE - MURDER WHILE ENGAGED IN CARJACKING - F: C

S782.04 1a2m - HOMICIDE - MURDER WHILE ENGAGED IN HOME INVASION ROBBERY - F: C

S782.04 1a2n - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED STALKING - F: C

S782.04 1a2o - HOMICIDE - MURDER WHILE ENGAGED IN MURDER OF ANTHER HUMAN - F: C

S782.04 1a2p - HOMICIDE - MURDER WHILE ENGAGED IN RESIST OFFICER W VIOL - F: C

S782.04 1a2q - HOMICIDE - MURDER ENGAGE AGG FLEE ELUDE SER BOD INJ DEATH - F: C

S782.04 1a2r - HOMICIDE - MURDER WHILE ENGAGED IN/FURTHERANCE TERRORISM - F: C

S782.04 1a2s - HOMICIDE - MURDER WHILE ENGAGED IN HUMAN TRAFFICKING - F: C

S782.04 1a3 - HOMICIDE - RENUMBERED. SEE REC # 8921 - F: C

S782.04 1a3a - HOMICIDE - DISTRIBUTE CTRL SUBSTANCE PROX CAUSE DEATH - F: C

S782.04 1a3b - HOMICIDE - DISTRIBUTE COCAINE PROX CAUSE DEATH - F: C

S782.04 1a3c - HOMICIDE - DISTRIBUTE OPIUM PROX CAUSE DEATH - F: C

S782.04 1a3d - HOMICIDE - DISTRIBUTE METHADONE PROX CAUSE DEATH - F: C

S782.04 1a3e - HOMICIDE - DISTRIBUTE ALFENTANIL PROX CAUSE DEATH - F: C

S782.04 1a3f - HOMICIDE - DISTRIBUTE CARFENTANIL PROX CAUSE DEATH - F: C

S782.04 1a3g - HOMICIDE - DISTRIBUTE FENTANYL PROX CAUSE DEATH - F: C

S782.04 1a3h - HOMICIDE - DISTRIBUTE SUFENTANIL PROX CAUSE DEATH - F: C

S782.04 1a3i - HOMICIDE - MURDER DISTIB OF METH ANALOG PROX CAUSE DEATH - F: C

S782.04 1a3i - HOMICIDE - RENUMBERED. SEE REC # 9574 - F: C

S782.04 1a3j - HOMICIDE - MURDER DISTIB CTRL SUB ANALOG PROX CAUSE DEATH - F: C

S782.04 2 - HOMICIDE - MURDER DANGEROUS DEPRAVED WO PREMEDITATION - F: F

S782.04 3 - HOMICIDE - RENUMBERED. SEE REC # 8930 - F: F

S782.04 3a - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TRAFFICKING - F: F

S782.04 3b - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ARSON - F: F

S782.04 3c - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG SEX BATTERY - F: F

S782.04 3d - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ROBBERY - F: F

S782.04 3e - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG BURGLARY - F: F

S782.04 3f - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG KIDNAPPING - F: F

S782.04 3g - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ESCAPE - F: F

S782.04 3h - HOMICIDE - MURDER BY PRSN OTH THN PRSN ENG AGG CHILD ABUS - F: F

S782.04 3i - HOMICIDE - BY OTH TH PRSN ENG AGG ABUS ELD PER DISAB ADLT - F: F

S782.04 3j - HOMICIDE - MURD BY PRSN OTHR THN PERSN ENG AIRCRFT PIRACY - F: F

S782.04 3k - HOMICIDE - MURDER BY PRSN OTHR THN PRSN USE DEST DEV BOMB - F: F

S782.04 3l - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG CARJACKING - F: F

S782.04 3m - HOMICIDE - MURD BY PRSN OTHR THN PRSN ENG HOME INVAS ROBB - F: F

S782.04 3n - HOMICIDE - MURDER BY PRSN OTHR THN PERSN ENG AGG STALKING - F: F

S782.04 3o - HOMICIDE - BY PRSN OTHR THN PRSN ENG MURDER ANOTH HUMAN - F: F

S782.04 3p - HOMICIDE - OTH TH PRSN ENG AGG FLE ELUD SER BOD INJ DEATH - F: F

S782.04 3q - HOMICIDE - BY OTHR THN PERSN ENG RESIST OFFICER W VIOL - F: F

S782.04 3r - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TERRORISM - F: F

S782.04 4 - HOMICIDE - MURDER NOT PREMEDITATED DURING OTHER FELONY - F: S

Civil Citations / Citable Offenses under S782.04

R or S next to points is Mandatory Revocation or Suspension

S782.04 Murder resulting from the operation of a motor vehicle. U.T.C. must be written pursuant to 316.650(1). [See 322.26(1)(a) and 322.28(3)] - Points on Drivers License: 0 R

Annotations, Discussions, Cases:

Cases Citing Statute 782.04

Total Results: 20

Eduardo Acosta v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: effect the death of any particular individual.” § 782.04(2), Fla. Stat. (2024). The Florida Supreme Court

Anthawn Ragan, Jr. v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: murder is a first-degree felony as well. See §§ 782.04(1)(a)1., Fla. Stat. (2013) (classifying premeditated… 23 degree murder is codified in section 782.04, Florida Statutes. Compare with Valdes v. State

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-09-19T00:00:00-07:00

Snippet: Johnson, and (3) Ricky’s death was premeditated. § 782.04(1)(a)1., Fla. Stat. (2018). The defense stipulated…in the commission of aggravated child abuse. § 782.04(1)(a)2., Fla. Stat. (2018). Here, too, the first

Mollica v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-06T00:00:00-07:00

Snippet: exceed the applicable statutory maximum. See §§ 782.04(1), 775.082(1), Fla. Stat. (1977). Accordingly,

BACILIO ANTEMATE XOLO v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-26T00:00:00-07:00

Snippet: second-degree murder and four counts of child abuse. §§ 782.04(2), 777.04, 775.087, 827.03, Fla. Stat. (2022)

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-07-11T00:00:00-07:00

Goidia Porter v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: convict for second-degree murder. See Fla. Stat. § 782.04(2) (2019) (defining second degree murder as “[t…effect the death of any particular individual.” § 782.04(2), Fla. Stat. (emphasis added). But under interpretations

The Justice Administrative Commission v. Khurrum Wahid, Esq.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: showing of good cause. § 782.04(1)(b), Fla. Stat. The state did not file a notice… intent to seek the death penalty under section 782.04(1)(b), Florida Statutes (2023); 3) Mr. Wahid filed… within the 45-day deadline required by section 782.04(1)(b); and 6) the case was resolved to defendant… State intends to prove as required by section 782.04, Florida Statutes (2023); 3) the State has not … death penalty cases. In addition, section 782.04(1)(b), Florida Statutes (2023), requires that

Volvick Vassor v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: for appellee. PER CURIAM. Affirmed. See § 782.04(1)(b), Fla. Stat. (2011); § 775.082, Fla. Stat.

BRENDAN SIGISMONDI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: Sigismondi with second-degree murder, under section 782.04(2), Florida Statutes, for killing Thomas Blow with

ROBERT JACOBY TURNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-01T00:00:00-08:00

Snippet: attempted second degree murder. See §§ 782.04(2) & 777.04, Fla. Stat. (2016). …as an element of the crimes. See §§ 782.04(2) & 777.04(1), Fla. Stat. Instead…imprisonment for a term of years not exceeding life.” § 782.04(2), Fla. Stat. (2016). “Upon proof from the state…murder is a second-degree felony. §§ 777.04(4)(c), 782.04(2), Fla. Stat. (2016). If a firearm is used in

State of Florida v. Herbert Leon Manago, Jr.

Court: Fla. | Date Filed: 2023-11-30T00:00:00-08:00

Snippet: kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was …kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was

Deandre Perryman v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-15T00:00:00-08:00

Snippet: corrected to show the correct sections of 782.04(1)(a)1. and 782.04(2), Florida Statutes, respectively. The

JASON LAMAR GILBERT v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-23T00:00:00-07:00

Snippet: appellant was convicted of felony murder under section 782.04(1)(a)2., Florida Statutes (2020), despite the State

Reynaldo Figueroa-Sanabria v. State of Florida

Court: Fla. | Date Filed: 2023-06-29T00:00:00-07:00

Snippet: Germana Morin to death on their houseboat. See § 782.04(1)(a), Fla. Stat. (2013). At the end of the penalty…victim. See Fla. Std. Jury Instr. (Crim.) 7.2; § 782.04(1)(a)1., Fla. Stat. The three elements of felony…victim. See Fla. Std. Jury Instr. (Crim.) 7.3; § 782.04(1)(a)2., Fla. Stat.

EMILIO NOGUEZ v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-28T00:00:00-07:00

Snippet: BOKOR, JJ. PER CURIAM. Affirmed. See § 782.04(1), Fla. Stat. (2001); § 777.04(4)(b), Fla. Stat

THEODORE OBERMEYER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

Snippet: second-degree felony murder, pursuant to section 782.04(3), Florida Statutes (2009). The charge arose from… victim died. As to felony murder, section 782.04(3) provides that the killing of a person during…offense was not a predicate felony under section 782.04(3)); Pugh v. State, 624 So. 2d 277, 278 (Fla. 2d…aggravated child abuse are specified within section 782.04, conspiracy to commit aggravated child abuse is…distinct offenses”) (emphasis added); see also § 782.04(3)(a), Fla. Stat. (2009) (showing that actual trafficking

VICTOR CARABALLO v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 782.04(1)(a), Fla. Stat. (2002) (“[M]urder in the first

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-23T23:53:00-08:00

Snippet: protection of Florida’s homicide statute [section 782.04(2), Florida Statutes].” Wyche v. State, 232 So.

THEODORE OBERMEYER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: second-degree felony murder, pursuant to section 782.04(3), Florida Statutes (2009). He was charged for…February 27, 2009. As to felony murder, section 782.04(3) provides that the killing of a person during…offense was not a predicate felony under section 782.04(3)); Pugh v. State, 624 So. 2d 277, 278 (Fla. 2d…aggravated child abuse are specified within section 782.04, conspiracy to commit aggravated child abuse is…distinct offenses”) (emphasis added); see also § 782.04(3)(a), Fla. Stat. (2009) (showing that actual trafficking