Florida Statutes

Fla. Stat. § 782.07 (2025)

Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.

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782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—

(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74; s. 12, ch. 2012-155.

Arrestable Offenses under F.S. 782.07

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

§782.07(1)HOMICIDE-NEGLIG MANSLKILLING HUMAN OTHER THAN BY MURDER OR HOMICIDEF · 2nd

§782.07(2)HOMICIDE-NEGLIG MANSL-VEHDELETEDF · 1st

§782.07(2)HOMICIDE-NEGLIG MANSLAGGRAV NEGLECT ELDERLY DISABLED ADULTF · 1st

§782.07(3)HOMICIDE-NEGLIG MANSL-VEHREMOVEDF · 1st

§782.07(3)HOMICIDE-NEGLIG MANSLAGGRAVATED OF CHILDF · 1st

§782.07(4)HOMICIDE-NEGLIG MANSLAGGRAV LEO EMT FIREFIGHTER PARAMEDICF · 1st

§782.07HOMICIDE-NEGLIG MANSL-VEHREMOVEDF · 2nd

Civil Citations under F.S. 782.07

Driver's license points · R = revocation · S = suspension

§782.07MANSLAUGHTER - involving the use of a motor vehicleR

Notes of Decisions

Cited in 349 cases (9 in the last 5 years), 1942–2026 · leading case: Pethtel v. State, 177 So. 3d 631 (Fla. 2d DCA 2015).

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Pethtel v. State, 177 So. 3d 631 (Fla. 2d DCA 2015). · cites it 43× “Compare § 782.07, Fla. Stat. (2010) (listing manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, and aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic as separate…”

State v. Montgomery, 39 So. 3d 252 (Fla. 2010). · cites it 6× “” § 782.07(1), Fla. Stat. (2005). Section 782.”

Haygood v. State, 109 So. 3d 735 (Fla. 2013). · cites it 7× “We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding.”

Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016). · cites it 4× “(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 the death of any particular…”

Falco v. State, 407 So. 2d 203 (Fla. 1981). · cites it 14× “It involves a challenge to the constitutionality of Florida's manslaughter statute, section 782.07, Florida Statutes (1979), which appellant contends is vague and ambiguous when applied to the facts of this case, and, serves to deny him equal protection of the laws.”

State of Florida v. Damani Spencer, 216 So. 3d 481 (Fla. 2017). · cites it 7× “To prove the crime of Attempted Manslaughter by Act, the State must prove the following element beyond a reasonable doubt: (Defendant) intentionally committed an act, which would have resulted in the death of (victim) except that someone prevented (defendant) from killing…”

Daniels v. State, 121 So. 3d 409 (Fla. 2013). · cites it 6× “For the reasons set forth below, we conclude that the 2008 standard instruction for manslaughter by act erroneously required the jury to find that the defendant intended to cause the death of the victim, in contravention to the requirements of section 782.”

Williams v. State, 123 So. 3d 23 (Fla. 2013). · cites it 5× “We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding.”

McCreary v. State, 371 So. 2d 1024 (Fla. 1979). · cites it 6× “§ 782.07, Fla. Stat. (1975). We have repeatedly said that the culpable conduct necessary to sustain proof of manslaughter under section 782.”

Christopher Dean v. State of Florida, 230 So. 3d 420 (Fla. 2017). · cites it 4× “§ 782.07(1), Fla. Stat. (2004). Based on the statute, the two elements of manslaughter are the unjustified or inexcusable killing of the victim and “a causative link between the death and the act, procurement, or culpable negligence of the defendant.”

Eversley v. State, 748 So. 2d 963 (Fla. 1999). · cites it 8× “(1906); [1] § 782.07, Fla.Stat. (1995). [2] In both instances, manslaughter could be established based on evidence that the defendant (1) caused the death of another person, (2) by culpable negligence, and (3) without justification.”

Jovita C. Ibeagwa v. State of Florida, 141 So. 3d 246 (Fla. 1st DCA 2014). · cites it 8× “It is well-settled that in ruling on a motion for JOA, the evidence must be considered in the light most favorable to the State. However, the light most favorable to the State means that conflicts in the evidence are resolved in favor of the State’s position, not that we…”

Show all 349 citing cases →

— 782.07(1) — 62 cases

State v. Montgomery, 39 So. 3d 252 (Fla. 2010). “” § 782.07(1), Fla. Stat. (2005). Section 782.”

Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016). “(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 the death of any particular…”

State of Florida v. Damani Spencer, 216 So. 3d 481 (Fla. 2017). “To prove the crime of Attempted Manslaughter by Act, the State must prove the following element beyond a reasonable doubt: (Defendant) intentionally committed an act, which would have resulted in the death of (victim) except that someone prevented (defendant) from killing…”

Christopher Dean v. State of Florida, 230 So. 3d 420 (Fla. 2017). “§ 782.07(1), Fla. Stat. (2004). Based on the statute, the two elements of manslaughter are the unjustified or inexcusable killing of the victim and “a causative link between the death and the act, procurement, or culpable negligence of the defendant.”

Haygood v. State, 109 So. 3d 735 (Fla. 2013). “We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding.”

— 782.07(2) — 12 cases

Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000).

First Healthcare Corp. v. Hamilton, 740 So. 2d 1189 (Fla. 4th DCA 1999).

In Re Stand. Instruct. in Cr. Cases No. 2007-10, 997 So. 2d 403 (Fla. 2008).

Bayer v. State, 788 So. 2d 310 (Fla. 5th DCA 2001).

In Re Jury Inst. in Crim. Cases-No. 2006-1, 946 So. 2d 1061 (Fla. 2006).

— 782.07(3) — 12 cases

Pethtel v. State, 177 So. 3d 631 (Fla. 2d DCA 2015). “Compare § 782.07, Fla. Stat. (2010) (listing manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, and aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic as separate…”

Jovita C. Ibeagwa v. State of Florida, 141 So. 3d 246 (Fla. 1st DCA 2014). “It is well-settled that in ruling on a motion for JOA, the evidence must be considered in the light most favorable to the State. However, the light most favorable to the State means that conflicts in the evidence are resolved in favor of the State’s position, not that we…”

Hankerson v. State, 831 So. 2d 235 (Fla. 1st DCA 2002).

Moore v. State, 790 So. 2d 489 (Fla. 5th DCA 2001).

Kennedy v. State, 59 So. 3d 376 (Fla. 4th DCA 2011).

— 782.07(4) — 1 case

In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-06., 236 So. 3d 282 (Fla. 2018).

— 782.07(8) — 1 case

Guglielmini v. State, 136 So. 3d 1244 (Fla. 5th DCA 2014).

— 782.07(a) — 1 case

Ramos v. State, 89 So. 3d 1119 (Fla. 1st DCA 2012).

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