Florida Statute 782.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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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.

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Amendments to 782.09

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 782.09

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

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

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

Cases Citing Statute 782.09

Total Results: 10

Stern v. Miller

348 So. 2d 303

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 1760683

Cited 45 times | Published

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

State v. McCall

458 So. 2d 875

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1452587

Cited 13 times | Published

has addressed the killing of an unborn child. Section 782.09, Florida Statutes (1983), provides: 782.09

White v. State

666 So. 2d 895, 1996 WL 15521

Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 429155

Cited 10 times | Published

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

Love v. State

450 So. 2d 1191

District Court of Appeal of Florida | Filed: May 9, 1984 | Docket: 1728988

Cited 7 times | Published

This position is also supported by resort to Section 782.09, Florida Statutes (1981), which provides as

Knighton v. State

603 So. 2d 71, 1992 WL 175086

District Court of Appeal of Florida | Filed: Jul 29, 1992 | Docket: 1475522

Cited 5 times | Published

001(10), Florida Statutes (1989), respectively. Section 782.09 provides that the willful killing of an unborn

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

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

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

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

UNBORN CHILD, etc. v. DIRECTOR JAMES REYES

District Court of Appeal of Florida | Filed: Feb 24, 2023 | Docket: 66863863

Published

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

District Court of Appeal of Florida | Filed: Nov 5, 2017 | Docket: 6217558

Published

1984). 1 The Florida Legislature enacted section 782.09, Florida Statutes, commonly referred to as

Wixtrom v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 782 in the context of wrongful death claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.