CopyCited 17 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203
...---------------------------------- Assault
784.011 8.1 ------------------------------------------------------------------------ Comment This instruction was adopted in 1981 and amended in 1997 and 2008. 7.9 VEHICULAR OR VESSEL HOMICIDE §
782.071 or §
782.072, Fla....
...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. *1042 Enhanced penalty. §
782.071(1)(b) or §
782.072(2), Fla....
..."Vessel" is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Lesser Included Offenses VEHICULAR OR VESSEL HOMICIDE
782.071 or
782.072 -------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
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CopyCited 11 times | Published | Supreme Court of Florida | 2006 WL 3741064
...-------------------------------------------------------------------------------------------------------- None Vehicular homicide
782.071 7.9 --------------------------------------------------------------------------------------------------------- Vessel homicide
782.072 7.9 --------------------------------------------------------------------------------------------------------- (Nonhomicide lessers)
777.04(1) 5.1 Attempt ----------------------------------------------------------------------------------------...
...(Defendant) operated the [motor vehicle] [vessel] in a reckless manner likely to cause the death of or great bodily harm to another person. An intent by the defendant to harm or injure the victim or any other person is not an element to be proved by the State. Enhanced penalty. §
782.071(1)(b) or §
782.072(2), Fla....
..., used or capable of being used as a means of transportation on water. Lesser Included Offenses ---------------------------------------------------------------------------------------------------------------- VEHICULAR OR VESSEL HOMICIDE782.071 or 782.072 ---------------------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
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CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...information, we amend the standard jury instructions as proposed by the
Committee, with one modification discussed below, and authorize them for
publication and use.
Section
782.071, Florida Statutes (2014), defines the offense of Vehicular
Homicide, while section
782.072, Florida Statutes (2014), defines the offense of
Vessel Homicide....
...Liaison, Office of the State Courts Administrator, Tallahassee, Florida,
for Petitioner
-5-
APPENDIX
7.9 VEHICULAR OR VESSEL HOMICIDE
§
782.071 or §
782.072, Fla....
...However, the reckless
operation of a [motor vehicle] [vessel] requires the State to prove more than a
failure to use ordinary care. A “reckless manner” means in willful or wanton
disregard for the safety of persons or property.
Enhanced penalty. §
782.071(1)(b) or §
782.072(2), Fla....
...ion of
watercraft, barge, and airboat, other than a seaplane on the water, used or
capable of being used as a means of transportation on water.
Lesser Included Offenses
VEHICULAR OR VESSEL HOMICIDE –
782.071 or
782.072
CATEGORY ONE CATEGORY TWO FLA....
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CopyPublished | Supreme Court of Florida
...“Willful” means intentional, knowing and purposeful.
“Wanton” means with a conscious and intentional indifference to
consequences and with the knowledge that damage is likely to be done to
persons or property.
Enhanced penalty. §
782.071(1)(b) or §
782.072(2), Fla....
...e vessel is
underway upon the waters of this state, or to control or steer a vessel being
towed by another vessel upon the waters of the state.
Lesser Included Offenses
VEHICULAR OR VESSEL HOMICIDE –
782.071 or
782.072
CATEGORY ONE CATEGORY TWO FLA....
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CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4053, 1990 WL 73198
...3 Therefore, by analogy we find that it was the legislature’s intent that vessel homicide be a lesser included offense of manslaughter. Defendant's remaining points lack merit. Affirmed. . The defendant is the first person to be charged under this statute. Section 782.072, Florida Statute (1987), went into effect on October 1, 1987....
...(2) Any person who commits vehicular homicide and willfully fails to stop or comply with the requirements of s.
316.027(1) is guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. §
782.071, Fla.Stat. (1987). The vessel homicide statute provides as follows:
782.072 Vessel homicide.— (1) "Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s....
...775.083, or s.
775.084. (2) Any person who commits vessel homicide and willfully fails to stop or comply with the requirements of s. 327.030(4) is guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s. 775.-084. §
782.072, Fla.Stat....
