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Fla. Stat. § 782.09 (2025)

Killing of unborn child by injury to mother.

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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.

Arrestable Offenses under F.S. 782.09

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§782.09(2)HOMICIDEINJURE MOTHER KILL UNBORN CHILD MANSLAUGHTERF · 2nd
§782.09HOMICIDE-NEGLIG MANSLRENUMBERED SEE 782.09(2) REC#5859F · 2nd
§782.09(1a)HOMICIDEINJURE MOTHER KILL UNBORN CHILD 1ST DEGREEF
§782.09(1b)HOMICIDEINJURE MOTHER KILL UNBORN CHILD 2ND DEGREEF · 1st
§782.09(1c)HOMICIDEINJURE MOTHER KILL UNBORN CHILD 3RD DEGREEF · 2nd
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1973–2023 · leading case: Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
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Ankrom v. State, 152 So. 3d 397 (Ala. 2013). · cites it 2× “Fla. Stat. Ann. §§ 782.09 (5) (homicide) (defining "unborn quick child” in terms of viability), 782.”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 2× “" ( Fla. Stat. Ann. § 782.09 ; Ga. Code Ann. § 16-5-80 ; Mich.”
Stern v. Miller, 348 So. 2d 303 (Fla. 1977). · cites it 2× “Section 782.09, Florida Statutes (1975), provides for criminal penalties for the willful killing of an unborn child by any injury to the mother of that child.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “Penal Code § 187 (a) (Deering 2008) (“[m]urder is the unlawful killing of a human being, or a fetus, with malice aforethought”); Fla. Stat. Ann. § 782.09 (West 2007) (“[t]he unlawful killing of an unborn quick child, by any injury to the mother of such child which would be…”
State Ex Rel. Atkinson v. Wilson, 332 S.E.2d 807 (W. Va. 1985). · cites it 2× “" [10] Legislatures in a number of states have modified the common law born-alive rule by enacting statutes that establish criminal penalties for the murder of a viable unborn child.”
In Re Guardianship of JDS, 864 So. 2d 534 (Fla. 5th DCA 2004). · cites it 4× “("`vehicular homicide' is the killing of a human being, or the killing of a viable fetus" by operation of a motor vehicle); § 782.09, Fla. Stat. (willful killing of an unborn child by injury to mother shall be deemed manslaughter).”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “Penal Code § 187 (a); Fla. Stat. Ann. § 782.09 (LexisNexis 2008); Ga.”
State of Louisiana v. Lamondre Tucker, 181 So. 3d 590 (La. 2015). “Fla. Stat. Ann. § 782.09 (1)(a). Therefore, the question presented here is not whether Louisiana may include the intentional killing of a pregnant woman among the aggravating factors that render an offender eligible for capital punishment but whether it has, which is a matter of…”
Vo v. Superior Court, 836 P.2d 408 (Ariz. Ct. App. 1992). “, Fla.Stat.Ann. § 782.09 (1976); La.Rev.Stat.”
State v. McCall, 458 So. 2d 875 (Fla. 2d DCA 1984). · cites it 2× “Section 782.09, Florida Statutes (1983), provides: 782.”
McCarty v. State, 2002 OK CR 4 (Okla. Crim. App. 2002). · cites it 2× “[22] Fla.Stat.Ann. § 782.09; Ga.Code Ann. § 16-5-80; Mich.”
State v. Brown, 378 So. 2d 916 (La. 1979). “§ 41-2223 (1964); 22 Fla.Stat.Ann. § 782.09 (1965); 2 Kan.Stat.”
Show all 22 citing cases →
— 782.09(1) — 2 cases
Virginia Denise Wyche v. State of Florida (Fla. 1st DCA 2017).
Unborn Child, Etc. v. Dir. James Reyes (Fla. 3d DCA 2023).
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