Homicide Flashcards
Unborn child
A person who unlawfully kills an “unborn quick child” (viable fetus) by causing any injury to the mother commits murder in the same degree as it would have been had the killing been committed against the mother. Fla. Stat.
Assisted Self-Murder
A person deliberately assisting another in the commission of self-murder is guilty of manslaughter. Fla. Stat.
Malice a forethought
In Florida, different mental states are statutorily codified into degrees of murder, thereby abolishing the common law requirement for malice aforethought. Fla. Stat. § 782.04. See § II.B.2. Statutory Crimes of Murder
Attempted felony murder in the first degree
In Florida, a perpetrator is guilty of the crime of attempted felony murder:
i) In the first degree if a person perpetrates or attempts to perpetrate any felony and commits, aids, or abets a separate intentional act that is not an essential element of the felony and could, but does not, cause an individual’s death;
Attempted felony murder in the second degree
In Florida, a perpetrator is guilty of the crime of attempted felony murder:
ii) In the second degree when an individual is injured by someone other than the perpetrator as the result of the perpetrator’s commission of, or attempt to commit, a felony enumerated by statute (e.g., robbery, arson, sexual battery, kidnapping).
If the separate intentional act was not an essential element of the underlying felony, a defendant may be charged with both, but the sentences for the two crimes may be combined.
Death of a co-felon
In Florida, a defendant may be found guilty of felony murder for the death of a co-felon as long as there is no break in the chain of events sufficient to relieve the defendant of criminal responsibility for the death of his accomplice
Murder in the first degree
In Florida, a person commits murder in the first degree if an unlawful killing:
i) Is the result of a premeditated design to end the life of the person killed or any human being;
ii) Is committed by a person engaged in the perpetration of or in the attempt to perpetrate an enumerated felony (felony murder); or
iii) Results from the unlawful distribution of specified controlled substances or in the preparation of opium by an adult, if the drug is the proximate cause of the user’s death.
Enumerated Felonies
In addition to the “BARRK” enumerated felonies, Florida classifies a killing committed during the perpetration of one of the following enumerated felonies as murder in the first degree:
i) Drug trafficking;
ii) Sexual battery;
iii) Escape;
iv) Aggravated child, elderly, or disabled adult abuse;
v) Carjacking;
vi) Aircraft piracy;
vii) Unlawful bombing;
viii) Aggravated stalking;
ix) Murder;
x) Resisting an officer by use of violence;
xi) Aggravated fleeing or eluding with seriously bodily injury or death;
xii) Terrorism; or
xiii) Human trafficking.
Murder in the second degree
In Florida, murder in the second degree is an unlawful killing:
i) When perpetrated by an act imminently dangerous to another and evincing a depraved mind regardless of human life, but without premeditated design; or
ii) By a human being other than the defendant during the perpetration of, or during the attempt to perpetrate any of the aforementioned enumerated felonies.
Murder in the third degree
Florida also recognizes the crime of murder in the third degree when a person commits an unlawful killing during the commission of a non-enumerated felony.
Manslaughter
Florida does not classify manslaughter as voluntary or involuntary. Instead, Florida divides manslaughter into aggravated manslaughter and manslaughter.
Aggravated manslaughter
A person who, by culpable negligence, causes the death of (i) an elderly person, (ii) a disabled adult, (iii)a person under the age of 18, or (iv) an officer, firefighter, emergency medical technician, or paramedic engaged in the performance of his duties, commits aggravated manslaughter.
Manslaughter
A person who kills another by the act, procurement, or culpable negligence without lawful justification commits manslaughter. The crime of manslaughter by definition encompasses the common law principles of voluntary and involuntary manslaughter.
