Florida Statute 782.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 782
HOMICIDE

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782.11 Unnecessary killing to prevent unlawful act.—Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 13, ch. 1637, 1868; RS 2388; GS 3213; RGS 5043; CGL 7145; s. 719, ch. 71-136.

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Amendments to 782.11

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 782.11

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

S782.11 - HOMICIDE-NEGLIG MANSL - UNNECESSARY KILLING TO PREVENT UNLAWFUL ACT - F: S

Cases Citing Statute 782.11

Total Results: 20

Martin Carrizales v. Louie L. Wainwright, Secretary, Department of Corrections, and Jim Smith, Attorney General

699 F.2d 1053, 1983 U.S. App. LEXIS 29916

Court of Appeals for the Eleventh Circuit | Filed: Mar 7, 1983 | Docket: 658892

Cited 45 times | Published

jury instruction on the content of Fla.Stat.Ann. § 782.11 (West 1976), which, he says, if applicable, would

Cobb v. State

376 So. 2d 230

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 421576

Cited 27 times | Published

directly and initially passed on the validity of section 782.11, Florida Statutes (1975), which makes it a

Falco v. State

407 So. 2d 203

Supreme Court of Florida | Filed: Dec 17, 1981 | Docket: 1515369

Cited 21 times | Published

Cobb involved a vagueness challenge against section 782.11, Florida Statutes, which makes it a felony

Phippen v. State

389 So. 2d 991

Supreme Court of Florida | Filed: Oct 23, 1980 | Docket: 376681

Cited 16 times | Published

unnecessary killing to prevent an unlawful act under section 782.11, Florida Statutes (1977). The exact argument

Hoffman v. State

708 So. 2d 962, 1998 WL 95336

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 542582

Cited 14 times | Published

Alternatively, appellant argues that, pursuant to section 782.11, Florida Statutes (1994),[1] the motion for

White v. State

666 So. 2d 895, 1996 WL 15521

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

Cited 10 times | Published

willful killing of an unborn quick child); Id. § 782.11 (unnecessary killing to prevent an unlawful act)

Whitehead v. State

245 So. 2d 94

District Court of Appeal of Florida | Filed: Feb 19, 1971 | Docket: 1356345

Cited 9 times | Published

further observe that correlatively the provisions of § 782.11, F.S.A., are also applicable to this case. This

State v. Carrizales

356 So. 2d 274

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 1478905

Cited 6 times | Published

whether the trial judge must instruct the jury on Section 782.11, Florida Statutes (1975),[1] when the accused's

Niblack v. State

451 So. 2d 539

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 1741032

Cited 5 times | Published

on second degree murder, manslaughter under section 782.11, and justifiable homicide, repeated his instruction

Kirkland v. State

478 So. 2d 1092, 10 Fla. L. Weekly 2242, 1985 Fla. App. LEXIS 16055

District Court of Appeal of Florida | Filed: Sep 27, 1985 | Docket: 64615715

Cited 1 times | Published

the jury on “unnecessary killing” pursuant to Section 782.11, Florida Statutes (1983), when the accused

Leo L. Boatman v. State of Florida

Supreme Court of Florida | Filed: Oct 17, 2024 | Docket: 69270921

Published

Prevent an Unlawful Act”), which is based on section 782.11, Florida Statutes, a manslaughter statute.

Sanchez-Toribio v. Secretary, Florida Department of Corrections

557 F. Supp. 2d 1322, 2008 U.S. Dist. LEXIS 64647

District Court, M.D. Florida | Filed: Mar 31, 2008 | Docket: 2206925

Published

instruct the jury on manslaughter pursuant to § 782.11, Florida Statutes (2000); (2) denying Petitioner's

Mattier v. State

711 So. 2d 256, 1998 Fla. App. LEXIS 8845, 1998 WL 281334

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781095

Published

unnecessary killing to prevent an unlawful act. See § 782.11, Fla. Stat. (1997). The standard jury instructions

Hope v. State

655 So. 2d 1141, 1995 WL 317657

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 64756656

Published

instructed the jury on manslaughter pursuant to section 782.11, Florida Statutes (1991), since he alleges

Cote v. Jowers

515 So. 2d 339, 1987 Fla. App. LEXIS 10910, 12 Fla. L. Weekly 2570

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64630836

Published

465 (1983). Clearly, this is not the law. Section 782.-11, Florida Statutes (1983), which states that

State v. Kadet

455 So. 2d 389, 9 Fla. L. Weekly 1971, 1984 Fla. App. LEXIS 14972

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64606654

Published

to prevent an unlawful act, a violation of section 782.11, Florida Statutes (1981). The court below found

Hunter v. State

378 So. 2d 845, 1979 Fla. App. LEXIS 16267

District Court of Appeal of Florida | Filed: Dec 19, 1979 | Docket: 64573695

Published

requested instruction on manslaughter as defined in § 782.11, Florida Statutes, and, thus, there was no error

Mitchell v. State

368 So. 2d 607, 1979 Fla. App. LEXIS 14603

District Court of Appeal of Florida | Filed: Feb 27, 1979 | Docket: 64569066

Published

to prevent an unlawful act (in violation of Section 782.11, Florida Statutes). After a jury trial, appellant

Carrizales v. State

345 So. 2d 1113, 1977 Fla. App. LEXIS 15627

District Court of Appeal of Florida | Filed: May 20, 1977 | Docket: 64558589

Published

court erred in refusing to instruct the jury on Section 782.11, Florida Statutes, which provides that when

Snell v. State

302 So. 2d 770, 1974 Fla. App. LEXIS 8472

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 64542365

Published

unnecessary killing to prevent an unlawful act, Florida Statute 782.11. The record reveals that appellant went

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.