Florida Statutes

Fla. Stat. § 782.04 (2025)

Murder.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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)(a) As used in this subsection, the term:

1. “Dangerous fentanyl or fentanyl analogs” means any controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).

2. “Distribute” has the same meaning as in s. 893.02.

(b) The unlawful killing of a human being, when perpetrated without any design to effect death, which resulted from the unlawful distribution by a person less than 18 years of age of any substance or mixture that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs 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, 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.

(6) 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; s. 1, ch. 2025-69.

Notes of Decisions

Cited in 1,179 cases (106 in the last 5 years), 1942–2026 · leading case: State v. Dixon, 283 So. 2d 1 (Fla. 1973).

Sort: Relevance Newest Treatment

State v. Dixon, 283 So. 2d 1 (Fla. 1973). · cites it 23× “" Fla. Stat. § 782.04 , F.S.A., the statute under which all the accuseds before this Court are charged, deals with the crime of murder and provides: "(1)(a) The unlawful killing of a human being, when perpetrated from a premeditated design to effect the death of the person…”

Pena v. State, 901 So. 2d 781 (Fla. 2005). · cites it 16× “Pena was charged with first-degree murder by drug distribution under section 782.04, Florida Statutes (1999). Although the statute requires the defendant to be eighteen years of age or older, the indictment failed to make the specific allegation that Pena was at least eighteen…”

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). · cites it 26× “” § 782.04(2), Fla. Stat. (1981). 16 the defect is fundamental only if the defendant demonstrates that he was denied due process.”

Christopher Dean v. State of Florida, 230 So. 3d 420 (Fla. 2017). · cites it 16× “§ 782.04(3), Fla. Stat. (2004). Pursuant to the statute, to be guilty of second- degree felony murder the following elements must be present: (1) the victim is dead; (2) the defendant was not the person who actually killed the victim, but he or she did commit or did knowingly…”

Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016). · cites it 7× “Compare § 782.04(2), Fla. Stat. (2008) (defining second-degree murder as an “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…”

Lynch v. State, 2 So. 3d 47 (Fla. 2009). · cites it 10× “See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla.”

Terence Tobias Oliver v. State of Florida, 214 So. 3d 606 (Fla. 2017). · cites it 11× “02(2)(b), Florida Statutes (2009); and one count of possession of a firearm by a convicted felon, in violation of section 790.23, Florida Statutes (2009).”

Enmund v. Florida, 458 U.S. 782 (1982). · cites it 4× “1982); Fla. Stat. §§782.04 (l)(a), 775.082(1), 921.”

Proffitt v. Florida, 428 U.S. 242 (1976). · cites it 4× “Fla. Stat. Ann. § 782.04 (1) (Supp. 1976-1977).”

State v. Pinder, 375 So. 2d 836 (Fla. 1979). · cites it 9× “Appellant contends that forcing such a burden upon him constituted a denial of due process.”

Mikenas v. State, 367 So. 2d 606 (Fla. 1978). · cites it 12× “2nd DCA 1971), held that under Section 782.04(1), Florida Statutes, the first-degree felony-murder statute, only the death of innocent persons is sufficient to sustain a charge of first-degree felony-murder against a felony perpetrator.”

State v. Montgomery, 39 So. 3d 252 (Fla. 2010). · cites it 4× “Second-degree murder is an unlawful killing that is “perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life .”

Show all 1,179 citing cases →

— 782.04(1) — 82 cases

State v. Pinder, 375 So. 2d 836 (Fla. 1979). “Appellant contends that forcing such a burden upon him constituted a denial of due process.”

Pearce v. State, 880 So. 2d 561 (Fla. 2004).

John A. Spinkellink, 1 v. Louie L. Wainwright, Sec'y, Florida Dep't of Offender Rehab., 578 F.2d 582 (5th Cir. 1978).

Larry Darnell Perry v. State of Florida, 210 So. 3d 630 (Fla. 2016).

Deparvine v. State, 995 So. 2d 351 (Fla. 2008).

— 782.04(1)(A)(1) — 1 case

Brown v. State, 176 So. 3d 1013 (Fla. 5th DCA 2015).

— 782.04(1)(a) — 207 cases

Brooks v. State, 918 So. 2d 181 (Fla. 2005).

Linehan v. State, 442 So. 2d 244 (Fla. 2d DCA 1983).

Jones v. State, 360 So. 2d 1293 (Fla. 3d DCA 1978).

Terence Tobias Oliver v. State of Florida, 214 So. 3d 606 (Fla. 2017). “02(2)(b), Florida Statutes (2009); and one count of possession of a firearm by a convicted felon, in violation of section 790.23, Florida Statutes (2009).”

Calvin Weatherspoon v. State of Florida, 214 So. 3d 578 (Fla. 2017).

— 782.04(1)(a)(1) — 18 cases

Lynch v. State, 2 So. 3d 47 (Fla. 2009). “See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla.”

Porter v. State, 564 So. 2d 1060 (Fla. 1990).

Marshall v. Crosby, 911 So. 2d 1129 (Fla. 2005).

Delgado v. State, 948 So. 2d 681 (Fla. 2006).

— 782.04(1)(a)(2) — 13 cases

Crain v. State, 894 So. 2d 59 (Fla. 2004).

Marshall v. Crosby, 911 So. 2d 1129 (Fla. 2005).

Gangapersad Ramroop v. State of Florida, 214 So. 3d 657 (Fla. 2017).

Shavers v. State, 86 So. 3d 1218 (Fla. 2d DCA 2012).

State v. Smith, 638 So. 2d 509 (Fla. 1994).

— 782.04(1)(a)(2)(c) — 1 case

George O. Shrader v. State of Florida (Fla. 2d DCA 2019).

— 782.04(1)(a)(2)(d) — 4 cases

Jackson v. State, 575 So. 2d 181 (Fla. 1991).

Gomez v. State, 496 So. 2d 982 (Fla. 3d DCA 1986).

Bussey v. State, 184 So. 3d 1138 (Fla. 2d DCA 2015).

& SC13-1065 Harold Blake v. State of Florida & Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion (Fla. 2015).

— 782.04(1)(a)(2)(e) — 2 cases

Lynch v. State, 2 So. 3d 47 (Fla. 2009). “See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla.”

— 782.04(1)(a)(2)(h) — 2 cases

State v. Thompson, 193 So. 3d 916 (Fla. 2d DCA 2016).

Timmons v. State, 548 So. 2d 255 (Fla. 2d DCA 1989).

— 782.04(1)(a)(2)(o) — 1 case

Lynch v. State, 2 So. 3d 47 (Fla. 2009). “See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla.”

— 782.04(1)(a)(3) — 7 cases

Pena v. State, 901 So. 2d 781 (Fla. 2005). “Pena was charged with first-degree murder by drug distribution under section 782.04, Florida Statutes (1999). Although the statute requires the defendant to be eighteen years of age or older, the indictment failed to make the specific allegation that Pena was at least eighteen…”

Pena v. State, 829 So. 2d 289 (Fla. 2d DCA 2002).

Aumuller v. State, 944 So. 2d 1137 (Fla. 2d DCA 2006).

Battle v. State, 911 So. 2d 85 (Fla. 2005).

Franco v. State, 901 So. 2d 901 (Fla. 4th DCA 2005).

— 782.04(1)(b) — 14 cases

Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002).

Larry Darnell Perry v. State of Florida, 210 So. 3d 630 (Fla. 2016).

State of Florida v. Tashane M. Chantiloupe, 248 So. 3d 1191 (Fla. 4th DCA 2018).

Coppola v. State, 938 So. 2d 507 (Fla. 2006).

Hall v. State, 853 So. 2d 546 (Fla. 1st DCA 2003).

— 782.04(2) — 376 cases

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). “” § 782.04(2), Fla. Stat. (1981). 16 the defect is fundamental only if the defendant demonstrates that he was denied due process.”

Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016). “Compare § 782.04(2), Fla. Stat. (2008) (defining second-degree murder as an “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…”

Anthony Paul Peoples, Jr. v. State of Florida, 251 So. 3d 291 (Fla. 1st DCA 2018).

Starks v. State, 223 So. 3d 1045 (Fla. 2d DCA 2017).

State v. Montgomery, 39 So. 3d 252 (Fla. 2010). “Second-degree murder is an unlawful killing that is “perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life .”

— 782.04(2)(3) — 1 case

Bryant v. State, 944 So. 2d 1016 (Fla. 3d DCA 2006).

— 782.04(3) — 63 cases

Christopher Dean v. State of Florida, 230 So. 3d 420 (Fla. 2017). “§ 782.04(3), Fla. Stat. (2004). Pursuant to the statute, to be guilty of second- degree felony murder the following elements must be present: (1) the victim is dead; (2) the defendant was not the person who actually killed the victim, but he or she did commit or did knowingly…”

Mikenas v. State, 367 So. 2d 606 (Fla. 1978). “2nd DCA 1971), held that under Section 782.04(1), Florida Statutes, the first-degree felony-murder statute, only the death of innocent persons is sufficient to sustain a charge of first-degree felony-murder against a felony perpetrator.”

State v. Dene, 533 So. 2d 265 (Fla. 1988).

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007).

Ahmad R. Milton v. State of Florida, 161 So. 3d 1245 (Fla. 2014).

— 782.04(3)(a) — 2 cases

Theodore Obermeyer v. State of Florida (Fla. 4th DCA 2023).

— 782.04(3)(d) — 4 cases

Smith v. State, 215 So. 3d 113 (Fla. 1st DCA 2017).

Newbhard v. State, 237 So. 3d 1075 (Fla. 3d DCA 2017).

Aramis Gonzalez-Azcuy v. State of Florida (Fla. 3d DCA 2025).

Rogers v. State, 89 So. 3d 990 (Fla. 2d DCA 2012).

— 782.04(3)(e) — 1 case

Christopher T. Dean v. State of Florida, 199 So. 3d 932 (Fla. 4th DCA 2016).

— 782.04(3)(g) — 1 case

Michelson v. State, 805 So. 2d 983 (Fla. 4th DCA 2001).

— 782.04(3)(o) — 2 cases

Ahmad R. Milton v. State of Florida, 161 So. 3d 1245 (Fla. 2014).

Stanley Tyron Harris v. State of Florida (Fla. 1st DCA 2021).

— 782.04(4) — 78 cases

Mahaun v. State, 377 So. 2d 1158 (Fla. 1979).

Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004).

State v. Williams, 776 So. 2d 1066 (Fla. 4th DCA 2001).

State v. Amaro, 436 So. 2d 1056 (Fla. 2d DCA 1983).

Gonzalez v. State, 449 So. 2d 882 (Fla. 3d DCA 1984).

— 782.04(4)(a) — 1 case

Santiago v. State, 874 So. 2d 617 (Fla. 5th DCA 2004).

— 782.04(4)(d) — 1 case

Moore v. State, 983 So. 2d 691 (Fla. 1st DCA 2008).

— 782.04(l) — 1 case

Gertman v. State, 223 So. 2d 798 (Fla. 3d DCA 1969).

— 782.04(l)(a) — 92 cases

State v. Sturdivant, 94 So. 3d 434 (Fla. 2012).

Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009).

Caylor v. State, 78 So. 3d 482 (Fla. 2011).

Lewis v. State, 34 So. 3d 183 (Fla. 1st DCA 2010).

— 782.04(l)(a)(2) — 5 cases

Arrington v. State, 113 So. 3d 20 (Fla. 2d DCA 2012).

Brinson v. State, 18 So. 3d 1075 (Fla. 2d DCA 2009).

Dingle v. State, 699 So. 2d 834 (Fla. 3d DCA 1997).

Heidrick v. State, 553 So. 2d 795 (Fla. 5th DCA 1989).

Torres v. Sec'y, Dep't of Corr., 336 F. App'x 924 (11th Cir. 2009).

— 782.04(l)(a)(2)(d) — 3 cases

& SC13-1065 Harold Blake v. State of Florida & Harold Blake v. Timothy H. Cannon, etc., 180 So. 3d 89 (Fla. 2014).

Rocker v. State, 122 So. 3d 898 (Fla. 2d DCA 2013).

Wainwright v. State, 2 So. 3d 948 (Fla. 2008).

— 782.04(l)(a)(2)(e) — 1 case

Lynch v. State, 2 So. 3d 47 (Fla. 2009). “See § 782.04(1)(a)(1), Fla. Stat. (1999) (premeditated murder); Fla.”

— 782.04(l)(a)(2)(h) — 1 case

State v. Thompson, 193 So. 3d 916 (Fla. 2d DCA 2016).

— 782.04(l)(a)(2)(o) — 1 case

Brinson v. State, 18 So. 3d 1075 (Fla. 2d DCA 2009).

— 782.04(l)(a)(l) — 8 cases

Arrington v. State, 113 So. 3d 20 (Fla. 2d DCA 2012).

Delgado v. Florida Dep't of Corr., 659 F.3d 1311 (11th Cir. 2011).

Johnny Lee Rembert v. Richard L. Dugger, 842 F.2d 301 (11th Cir. 1988).

Jones v. State, 602 So. 2d 604 (Fla. 2d DCA 1992).

Green v. State, 453 So. 2d 526 (Fla. 5th DCA 1984).

— 782.04(l)(b) — 1 case

Larry Darnell Perry v. State of Florida, 210 So. 3d 630 (Fla. 2016).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.