782.065
Murder; law enforcement officer, correctional officer, correctional probation officer.
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782.065 Murder; law enforcement officer, correctional officer, correctional probation officer.—Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:
(1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and
(2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer, auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty.
History.—s. 1, ch. 2008-74; s. 3, ch. 2010-121; ss. 3, 7, ch. 2012-21; s. 20, ch. 2016-24; s. 24, ch. 2017-37.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 2013–2025 · leading case: In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“1 Comment s Regarding the enhanced penalty under Fla. Stat. § 782.065 , the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc.”
Gangapersad Ramroop v. State of Florida (2017)
“§ 782.065, Fla. Stat. (2013). Similar to section 782.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-02 (2014)
“Lesser Included Offenses [[Image here]] *1000 Comment Regarding the enhanced penalty under Fla. Stat. § 782.065 , the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03 (2014)
“Lesser Included Offenses *1114 [[Image here]] Comments Regarding the enhanced penalty under Fla. Stat. § 782.065 , the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc.”
Ramroop v. State (2015)
“See § 782.065, Fla. Stat. (2013). On appeal, Ramroop argues that “[i]n order to be convicted of attempting to murder a police officer engaged in the lawful performance of his duty, the State must allege and prove that the defendant knew the victim was a police officer.”
Leronnie Lee Walton v. State of Florida (2016)
“(2008) (attempted second-degree murder); § 782.065(2), Fla. Stat. (2008) (sentencing enhancement for law enforcement victim).”
Rivera v. State (2017)
“Under section 782.065, if the jury finds beyond a reasonable doubt that the defendant committed attempted first-degree murder and that the victim of the offense was a law enforcement officer engaged in the performance of a legal duty, the defendant must be sentenced to life in…”
Smart v. State (2013)
“The State contends that the life sentences are permissible, nevertheless, under section 782.065, which creates the crime of attempted murder of a police officer and mandates a life sentence.”
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08. (2018)
“13 for the § 782.065, Fla. Stat., reclassification when the victim is a law enforcement officer, correctional officer, etc.”
Ridge Gabriel v. State (2018)
“2017), an opinion released after the trial in this case, the Florida Supreme Court held that section 782.065, Florida Statutes (2013), created a separate, substantive criminal offense of attempted murder of a law enforcement officer and that to be convicted of this offense, one…”
In Re: Standard Jury Instructions in Criminal Cases - Report 2019-02 (2019)
“13 for the § 782.065, Fla. Stat., reclassification when the victim is a law enforcement officer, correctional officer, etc.”
Abel Navarro v. State of Florida (2025)
“The parties stipulated that Navarro was required to be sentenced to life in prison for Count 1 pursuant to section 782.065, Florida Statutes (2024), and that Counts 2-8 carried a minimum mandatory sentence of three years in prison.”
— 782.065(1) — 1 case
Smart v. State (2013)
“The State contends that the life sentences are permissible, nevertheless, under section 782.065, which creates the crime of attempted murder of a police officer and mandates a life sentence.”
— 782.065(2) — 4 cases
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“1 Comment s Regarding the enhanced penalty under Fla. Stat. § 782.065 , the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc.”
Leronnie Lee Walton v. State of Florida (2016)
“(2008) (attempted second-degree murder); § 782.065(2), Fla. Stat. (2008) (sentencing enhancement for law enforcement victim).”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-02 (2014)
“Lesser Included Offenses [[Image here]] *1000 Comment Regarding the enhanced penalty under Fla. Stat. § 782.065 , the statute does not specify that it is an element of the offense that the defendant knew or had reason to know that the victim was a law enforcement officer, etc.”
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