Florida Statutes

Fla. Stat. § 782.051 (2025)

Attempted felony murder.

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782.051 Attempted felony murder.—

(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits 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, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

(3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

History.—s. 1, ch. 96-359; s. 18, ch. 97-194; s. 12, ch. 98-204; s. 4, ch. 2001-236; s. 6, ch. 2012-21; s. 23, ch. 2017-37.

Arrestable Offenses under F.S. 782.051

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§782.051(1)HOMICIDESPECIF FELONY COMMIT ACT COULD CAUSE DEATHF · 1st

§782.051(2)HOMICIDEOTHER FELONY COMMIT ACT COULD CAUSE DEATHF · 1st

§782.051(3)HOMICIDESPECIF FELONY COMMIT 3RD PERS CAUSE INJURYF · 2nd

§782.051HOMICIDE-WILFUL KILLREMOVEDF · 2nd

Notes of Decisions

Cited in 60 cases (3 in the last 5 years), 1999–2025 · leading case: Gordon v. State, 780 So. 2d 17 (Fla. 2001).

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Gordon v. State, 780 So. 2d 17 (Fla. 2001). · cites it 25× “" See § 782.051, Fla. Stat. (1999). Amended section 782.”

Calvin Weatherspoon v. State of Florida, 214 So. 3d 578 (Fla. 2017). · cites it 17× “The issue before this Court is whether the State is entitled to a jury instruction and to argue to the jury the statutory crime of attempted felonymurder under section 782.051, Florida Statutes (2016), when the State charges only attempted murder and does not charge or allege…”

Ahmad R. Milton v. State of Florida, 161 So. 3d 1245 (Fla. 2014). · cites it 31× “In 1998, however, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder.”

Battle v. State, 911 So. 2d 85 (Fla. 2005). · cites it 9× “In 1996, the Legislature responded by enacting section 782.051, which created the offense of "Felony causing bodily injury.”

Coicou v. State, 39 So. 3d 237 (Fla. 2010). · cites it 9× “See § 782.051. Attempted second-degree murder requires that the perpetrator’s act be “imminently dangerous to another and evincing a depraved mind regardless of human life,” § 782.”

Robert Pernell McCloud v. State of Florida, 208 So. 3d 668 (Fla. 2016). · cites it 6× “He argued that the applicable jury instruction constituted fundamental error because it failed to instruct the jury on the essential element: “that [was] not an essential element of the felony,” as required under section 782.051. Id. at 87. This Court held that “a dispute does…”

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). · cites it 6× “04 § 782.051(1) and (2), Fla. Stat. The instructions on attempted first and third degree felony murder have been deleted.”

Coicou v. State, 867 So. 2d 409 (Fla. 3d DCA 2003). · cites it 9× “The trial court instructed the jury on attempted felony murder, pursuant to section 782.051, Florida Statutes, and that the shooting constituted a separate intentional act that was not an element of the charged robbery.”

King v. State, 800 So. 2d 734 (Fla. 5th DCA 2001). · cites it 7× “" See § 782.051, Fla. Stat. (1999). This court has held that this phrase "is a necessary element of the crime," and the failure to include this phrase when giving an attempted felony murder instruction required reversal.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). · cites it 7× “1 Comment s Section §782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section §782.”

Franqui v. State, 59 So. 3d 82 (Fla. 2011). · cites it 2× “We recently explained: The Legislature in 1996, in response to our decision in Gray , enacted section 782.051, which created the offense of “Felony causing bodily injury.”

Mitchell v. State, 830 So. 2d 944 (Fla. 5th DCA 2002). · cites it 5× “[5] Accordingly, I conclude that there is no double jeopardy violation in the adjudication of guilt and sentencing for attempted second degree murder and attempted felony murder for the single act of shooting a single victim during the commission of an attempted robbery.”

Show all 60 citing cases →

— 782.051(1) — 41 cases

Gordon v. State, 780 So. 2d 17 (Fla. 2001). “" See § 782.051, Fla. Stat. (1999). Amended section 782.”

Ahmad R. Milton v. State of Florida, 161 So. 3d 1245 (Fla. 2014). “In 1998, however, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder.”

Battle v. State, 911 So. 2d 85 (Fla. 2005). “In 1996, the Legislature responded by enacting section 782.051, which created the offense of "Felony causing bodily injury.”

Calvin Weatherspoon v. State of Florida, 214 So. 3d 578 (Fla. 2017). “The issue before this Court is whether the State is entitled to a jury instruction and to argue to the jury the statutory crime of attempted felonymurder under section 782.051, Florida Statutes (2016), when the State charges only attempted murder and does not charge or allege…”

Robert Pernell McCloud v. State of Florida, 208 So. 3d 668 (Fla. 2016). “He argued that the applicable jury instruction constituted fundamental error because it failed to instruct the jury on the essential element: “that [was] not an essential element of the felony,” as required under section 782.051. Id. at 87. This Court held that “a dispute does…”

— 782.051(2) — 6 cases

Brown v. State, 761 So. 2d 1135 (Fla. 1st DCA 2000).

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “04 § 782.051(1) and (2), Fla. Stat. The instructions on attempted first and third degree felony murder have been deleted.”

Braham v. State, 766 So. 2d 297 (Fla. 4th DCA 2000).

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-02, 137 So. 3d 995 (Fla. 2014).

Greenway v. State, 823 So. 2d 206 (Fla. 1st DCA 2002).

— 782.051(3) — 4 cases

Stand. Jury Inst. in Cr. Cases No. 2006-2, 962 So. 2d 310 (Fla. 2007). “04 § 782.051(1) and (2), Fla. Stat. The instructions on attempted first and third degree felony murder have been deleted.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018). “1 Comment s Section §782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section §782.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-02, 137 So. 3d 995 (Fla. 2014).

Rodgers v. State, 966 So. 2d 462 (Fla. 1st DCA 2007).

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