Florida Statute 782.051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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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.

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Amendments to 782.051

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 782.051

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

S782.051 1 - HOMICIDE - SPECIF FELONY COMMIT ACT COULD CAUSE DEATH - F: F

S782.051 2 - HOMICIDE - OTHER FELONY COMMIT ACT COULD CAUSE DEATH - F: F

S782.051 3 - HOMICIDE - SPECIF FELONY COMMIT 3RD PERS CAUSE INJURY - F: S

S782.051 - HOMICIDE-WILFUL KILL - REMOVED - F: S

Cases Citing Statute 782.051

Total Results: 54

Franqui v. State

59 So. 3d 82, 36 Fla. L. Weekly Supp. 1, 2011 Fla. LEXIS 1, 2011 WL 31379

Supreme Court of Florida | Filed: Jan 6, 2011 | Docket: 2365238

Cited 87 times | Published

response to our decision in Gray, enacted section 782.051, which created the offense of "Felony causing

Gordon v. State

780 So. 2d 17, 2001 WL 169675

Supreme Court of Florida | Filed: Feb 22, 2001 | Docket: 1708598

Cited 61 times | Published

and (2) an act causing *22 bodily injury. See § 782.051(1), Fla. Stat. (1997).[4] Each of these crimes

State v. Florida

894 So. 2d 941

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 1761957

Cited 39 times | Published

homicide. Attempted felony murder, as codified in section 782.051(1), Florida Statutes (2004), requires "an intentional

Standard Jury Inst. in Cr. Cases No. 2006-2

962 So. 2d 310, 2007 WL 2002611

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 2518611

Cited 36 times | Published

[NON-ENUMERATED FELONY] §§ 782.04(1)(a) and 777.04 § 782.051(1) and (2), Fla. Stat. The instructions on attempted

Battle v. State

911 So. 2d 85, 2005 WL 2095673

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 476671

Cited 34 times | Published

attempted felony murder with a firearm pursuant to section 782.051(1), Florida Statutes (1999). In his defense

Coicou v. State

39 So. 3d 237, 35 Fla. L. Weekly Supp. 194, 2010 Fla. LEXIS 515, 2010 WL 1234922

Supreme Court of Florida | Filed: Apr 1, 2010 | Docket: 60294862

Cited 32 times | Published

elements of attempted felony murder under section 782.051(1), Florida Statutes (2001). Coicou, 867 So

Young v. State

744 So. 2d 1077, 1999 WL 767070

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 1380841

Cited 26 times | Published

(1997) and a felony causing bodily injury under section 782.051(1), Florida Statutes (1997). AFFIRMED. GUNTHER

Calvin Weatherspoon v. State of Florida

214 So. 3d 578, 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669817

Cited 15 times | Published

statutory crime of attempted felonymurder under section 782.051, Florida Statutes (2016), when the State charges

Mitchell v. State

830 So. 2d 944, 2002 WL 31626143

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 1516807

Cited 9 times | Published

under the relatively new crime created by section 782.051(1), we certify the following question to be

Thompson v. State

814 So. 2d 1103, 2002 WL 460295

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 1369262

Cited 9 times | Published

of attempted felony murder in violation of section 782.051(1), Florida Statutes (1999). Both West and

King v. State

800 So. 2d 734, 2001 WL 1555373

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1283120

Cited 9 times | Published

the jury that they had to find, pursuant to section 782.051(1), Florida Statutes (1999), that King committed

King v. State

800 So. 2d 734, 2001 WL 1555373

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1283120

Cited 9 times | Published

the jury that they had to find, pursuant to section 782.051(1), Florida Statutes (1999), that King committed

Rodgers v. State

934 So. 2d 1207, 2006 WL 1766734

Supreme Court of Florida | Filed: Jun 29, 2006 | Docket: 1747568

Cited 7 times | Published

charge attempted felony murder and did not cite section 782.051, Florida Statutes. The district court per curiam

White v. State

973 So. 2d 638, 2008 WL 238624

District Court of Appeal of Florida | Filed: Jan 30, 2008 | Docket: 1688182

Cited 6 times | Published

However, the holding in Gray was superseded by section 782.051, Florida Statutes, which makes "attempted felony

Coicou v. State

867 So. 2d 409, 2003 WL 22900639

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1722608

Cited 6 times | Published

The State charged Coicou with a violation of section 782.051(1), Florida Statutes, attempted first-degree

Barron v. State

990 So. 2d 1098, 2007 WL 2376632

District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 1291374

Cited 5 times | Published

separate statutory crime not charged here. See § 782.051(1). United States v. Lacher, 134 U.S. 624, 628

Tucker v. State

857 So. 2d 978, 28 Fla. L. Weekly Fed. D 2484

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 1774234

Cited 5 times | Published

language of attempted felony murder under section 782.051(1), Florida Statutes (2000). Attempted felony

State v. Blanton

821 So. 2d 440, 2002 WL 1585569

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 1236169

Cited 5 times | Published

enacting section 782.051(1), thereby making attempted felony murder a crime once again. Section 782.051(1)

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

236 So. 3d 282

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299402

Cited 4 times | Published

[ENUMERATED FELONY] [NON-ENUMERATED FELONY] § 782.051(1) and (2), Fla. Stat. In the absence

Robert Pernell McCloud v. State of Florida

208 So. 3d 668, 41 Fla. L. Weekly Supp. 548, 2016 Fla. LEXIS 2530

Supreme Court of Florida | Filed: Nov 17, 2016 | Docket: 4539952

Cited 4 times | Published

attempted felony murder with a firearm pursuant to section 782.051(1), Florida Statutes (1999). Id. at 86. He

Brinson v. State

18 So. 3d 1075, 2009 Fla. App. LEXIS 769, 2009 WL 261480

District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1640423

Cited 4 times | Published

involved the attempted felony murder statute, section 782.051, Florida Statutes (2002), which requires the

Neal v. State

783 So. 2d 1102, 2001 WL 227382

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1675764

Cited 4 times | Published

murder because the instruction failed to track section 782.051(1), Florida Statutes (1999). Instead, it was

Gordon v. State

744 So. 2d 1112, 1999 WL 817185

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 2480030

Cited 4 times | Published

04(4)(b), 775.087(1)(a), Fla.Stat. (1997). [2] § 782.051(1), Fla.Stat. (1997). This statute was later amended

Williams v. State

182 So. 3d 11, 2015 Fla. App. LEXIS 15182, 2015 WL 5965155

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919754

Cited 3 times | Published

II, 83 So.3d at 907; see also § 782.051(1), Fla. Stat. (2004) (Attempted felony murder

Dallas v. State

898 So. 2d 163, 2005 WL 545128

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 1732306

Cited 3 times | Published

is not permissible for a conviction under section 782.051(1), Florida Statutes. See Thompson v. State

DeAngelo v. State

863 So. 2d 374, 2003 WL 22887779

District Court of Appeal of Florida | Filed: Dec 9, 2003 | Docket: 1728592

Cited 3 times | Published

now revived the crime by its enactment of section 782.051(1), Florida Statutes, the statute under which

Battle v. State

837 So. 2d 1063, 2003 WL 131641

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 1527558

Cited 3 times | Published

attempted felony murder with a firearm pursuant to section 782.051(1) Florida Statutes (1999), which provides

Brown v. State

761 So. 2d 1135, 2000 WL 309814

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 1709338

Cited 3 times | Published

"felony causing bodily injury" proscribed by section 782.051(2), Florida Statutes (1997). He contends that

White v. State

41 So. 3d 257, 2010 Fla. App. LEXIS 6930, 2010 WL 1979164

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1927120

Cited 2 times | Published

specifies that attempted felony murder under section 782.051(1) is a first degree felony, scored as a category

State v. Florida

894 So. 2d 941, 30 Fla. L. Weekly Supp. 105, 2005 Fla. LEXIS 265

Supreme Court of Florida | Filed: Feb 17, 2005 | Docket: 64836241

Cited 2 times | Published

homicide. Attempted felony murder, as codified in section 782.051(1), Florida Statutes (2004), requires “an intentional

Greenway v. State

823 So. 2d 206, 2002 WL 1725233

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 458634

Cited 2 times | Published

was the charge of resisting with violence. See § 782.051(2), Fla. Stat. (1997). Mr. Greenway was charged

Ward v. State

765 So. 2d 299, 2000 WL 1205714

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 428834

Cited 2 times | Published

Stat. [3] § 784.021(1)(a), Fla. Stat. [4] § 782.051(1), Fla. Stat. [5] § 812.13(2)(a), Fla. Stat

Ahmad R. Milton v. State of Florida

161 So. 3d 1245, 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3439, 2014 WL 6474838

Supreme Court of Florida | Filed: Nov 20, 2014 | Docket: 2607364

Cited 1 times | Published

essential element of the underlying felony.” § 782.051(1), Fla. Stat. (2006). Specifically, we consider

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-02

137 So. 3d 995, 2014 WL 1622183

Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 795792

Cited 1 times | Published

[ENUMERATED FELONY] [NON-ENUMERATED FELONY] § 782.051(1) and (2), Fla. Stat. To prove the crime

Bryant v. State

991 So. 2d 999, 2008 WL 4414362

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 2551935

Cited 1 times | Published

felony causing bodily injury, in violation of section 782.051(1), Florida Statutes (1997), asserting that

Moore v. State

982 So. 2d 1205, 2008 WL 2149667

District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 1664724

Cited 1 times | Published

consistent with section 782.051 as it read when enacted in 1996. At that time, section 782.051, entitled "Felony

Rodgers v. State

966 So. 2d 462, 2007 WL 2932820

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1271156

Cited 1 times | Published

announced that Count 2, ostensibly brought under section 782.051(3), Florida Statutes (2004), was worded so

Busby v. State

766 So. 2d 259, 25 Fla. L. Weekly Fed. D 415

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1329400

Cited 1 times | Published

felony causing bodily injury, contrary to section 782.051(1), Florida Statutes (Supp.1996), which provides:

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

punishable by up to thirty years in prison. See § 782.051(2), Fla. Stat. (2013). Attempted premeditated

Keith Matthew McCray v. State of Florida

265 So. 3d 659

District Court of Appeal of Florida | Filed: Jan 22, 2019 | Docket: 13585172

Published

robbery from the attempted felony murder. See § 782.051(1), Fla. Stat. (2016) (establishing that attempted

Sullivan v. State

254 So. 3d 1144

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7805876

Published

text of the attempted felony murder statute. See § 782.051(1), Fla. Stat. (2014) (stating that, to be guilty

Ridge Gabriel v. State

248 So. 3d 265

District Court of Appeal of Florida | Filed: May 28, 2018 | Docket: 7094836

Published

charged with attempted felony murder under section 782.051, Florida Statutes (2013), he was potentially

Newbhard v. State

237 So. 3d 1075

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244876

Published

commits a felony of the first degree . . . . § 782.051(1), Fla. Stat. (2012). The robbery statute

Guzman v. State

211 So. 3d 204, 2016 Fla. App. LEXIS 18675

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555834

Published

felony murder stat *208 ute, section 782.051, Fla. Stat. (2004). However, the narrative

Williams v. State

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2991031

Published

robbery.” Williams II, 83 So. 3d at 907; see also § 782.051(1), Fla. Stat. (2004) (Attempted

Calvin Weatherspoon v. State of Florida

191 So. 3d 481, 2015 Fla. App. LEXIS 12462, 2015 WL 4934754

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685316

Published

IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051, WHICH CREATED A CRIME CALLED “ATTEMPTED FELONY

Calvin Weatherspoon v. State of Florida

194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679247

Published

charged, i.e., attempted felony murder under section 782.051. While the state concedes that the information

Estevez v. State

127 So. 3d 635, 2013 WL 6083410, 2013 Fla. App. LEXIS 18407

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236790

Published

another commits a felony of the first degree .... ” § 782.051(1), Fla. Stat. (2007). Therefore, unlike felony

Witherspoon v. State

40 So. 3d 810, 2010 Fla. App. LEXIS 9855, 2010 WL 2670893

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 1667013

Published

first-degree felony murder, which is currently section 782.051, Florida Statutes (2009). See White, 973 So

Mitchell v. State

990 So. 2d 656, 2008 WL 4148983

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1292900

Published

becoming a crime again until the enactment of section 782.051, effective October 1, 1996. See ch. 96-359

Brown v. State

914 So. 2d 500, 2005 Fla. App. LEXIS 18019, 2005 WL 3054153

District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 64840909

Published

injury, ch. 96-359, § 1, Laws of Fla. (codified as § 782.051, Fla. Stat.), which was thereafter renamed attempted

Gonzalez v. State

789 So. 2d 1091, 2001 Fla. App. LEXIS 8323, 2001 WL 686916

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 64806895

Published

reenacted the offense of attempted felony murder. See § 782.051, Fla. Slat. (1999); Brown v. State, 761 So.2d

United States v. Ucciferri

133 F. Supp. 2d 1330, 2001 U.S. Dist. LEXIS 2470, 2001 WL 227739

District Court, M.D. Florida | Filed: Feb 22, 2001 | Docket: 2137396

Published

and Fla.Stat. § 777.04 (in place of Fla.Stat. § 782.051), and in violation of Fla.Stat. § 784.045(1)(a)(2)

Braham v. State

766 So. 2d 297, 2000 Fla. App. LEXIS 1988, 2000 WL 232637

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64800128

Published

that could sup*299port a conviction under section 782.051(1), Florida Statutes (1997). According to section

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 782 in the context of wrongful death claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.