Florida Statute 782.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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F.S. 782.09

782.09 Killing of unborn child by injury to mother.—

(1) The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother:

(a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.

(b) Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section.

(4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.

(5) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5).

History.—s. 10, ch. 1637, 1868; RS 2386; GS 3211; RGS 5041; CGL 7143; s. 717, ch. 71-136; s. 2, ch. 2005-119; s. 6, ch. 2014-194.

F.S. 782.09 on Google Scholar

F.S. 782.09 on Casetext

Amendments to 782.09

Arrestable Offenses / Crimes under Fla. Stat. 782.09

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

S782.09 - HOMICIDE-NEGLIG MANSL - RENUMBERED SEE 782.09(2) REC#5859 - F: S

S782.09 1a - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 1ST DEGREE - F: C

S782.09 1b - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 2ND DEGREE - F: F

S782.09 1c - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 3RD DEGREE - F: S

S782.09 2 - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD MANSLAUGHTER - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 782.09

Total Results: 15

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

Court: District Court of Appeal of Florida | Date Filed: 2023-02-24

Snippet: the death or bodily injury of the mother. See § 782.09(1), Fla. Stat.; § 775.021(5), Fla. Stat. (“Whoever

Virginia Denise Wyche v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2017-11-05

Snippet: The Florida Legislature enacted section 782.09, Florida Statutes, commonly referred to as the

Wixtrom v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 534, 2004 Fla. App. LEXIS 161

Snippet: killing of an unborn child by enacting section 782.09, Florida Statutes (1988), which makes the willful

In Re Guardianship of JDS

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 534, 2004 WL 42619

Snippet: viable fetus" by operation of a motor vehicle); § 782.09, Fla. Stat. (willful killing of an unborn child

State v. Ashley

Court: District Court of Appeal of Florida | Date Filed: 1996-03-22

Citation: 670 So. 2d 1087, 1996 WL 124657

Snippet: and termination of pregnancy statutes, sections 782.09 and 390.001(10), Florida Statutes (1989), respectively

White v. State

Court: Supreme Court of Florida | Date Filed: 1996-01-18

Citation: 666 So. 2d 895, 1996 WL 15521

Snippet: Fla. Stat. (1993) (assisting selfmurder); Id. § 782.09 (the willful killing of an unborn quick child);

Young v. ST. VINCENT'S MEDICAL CENTER

Court: District Court of Appeal of Florida | Date Filed: 1995-04-24

Citation: 653 So. 2d 499, 1995 WL 234614

Snippet: illustrated by other statutes. For example, section 782.09 provides that the "willful killing of an unborn

Knighton v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-07-29

Citation: 603 So. 2d 71, 1992 WL 175086

Snippet: statutes, sections 782.09 and 390.001(10), Florida Statutes (1989), respectively. Section 782.09 provides that

State v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 1985-03-26

Citation: 467 So. 2d 723, 10 Fla. L. Weekly 845

Snippet: that the Legislature believes §§ 390.001(10) and 782.09 (the current feticide statute) are adequate protections

State v. McCall

Court: District Court of Appeal of Florida | Date Filed: 1984-11-14

Citation: 458 So. 2d 875

Snippet: an unborn child. Section 782.09, Florida Statutes (1983), provides: 782.09 Killing of unborn child by

Love v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-05-09

Citation: 450 So. 2d 1191

Snippet: resort to Section 782.09, Florida Statutes (1981), which provides as follows: 782.09 Killing of unborn

Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-12-22

Citation: 443 So. 2d 286

Snippet: the willful killing of an unborn quick child (§ 782.09, Fla. Stat. (1981)), unnecessary killing to prevent

Stern v. Miller

Court: Supreme Court of Florida | Date Filed: 1977-06-09

Citation: 348 So. 2d 303

Snippet: an unborn child in certain situations. Section 782.09, Florida Statutes (1975), provides for criminal

Whitehead v. State

Court: District Court of Appeal of Florida | Date Filed: 1971-02-19

Citation: 245 So. 2d 94

Snippet: id. [5] n. 3, supra. [6] See, e.g., §§ 782.08, 782.09, 782.10, 782.12, 782.13, 782.14, 782.15 and 860

Graves v. Graves

Court: Supreme Court of Florida | Date Filed: 1940-06-05

Citation: 145 Fla. 761

Snippet: to avoid or to end the litigation. *Page 782 9. NEGOTIATIONS WITH OPPOSITE PARTY. A lawyer