Neha Patil (Editor)

Felony murder rule (Florida)

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In the state of Florida, the common law felony murder rule has been codified in Florida Revised Statutes § 782.04.

Contents

First degree murder

The predicate felonies that will support a charge of first degree murder under the statute are:

  • Drug trafficking
  • Arson
  • Sexual battery
  • Robbery or home invasion robbery
  • Burglary
  • Kidnapping
  • Escape
  • Aggravated abuse of a child, elderly person, or disabled adult
  • Aircraft piracy
  • Unlawful throwing, placing, or discharging of a destructive device or bomb
  • Carjacking
  • Aggravated stalking
  • Murder
  • Resisting an officer with violence to his or her person
  • Felonious acts of terrorism or in furtherance of an act of terrorism
  • Distribution of some controlled substances like cocaine and opium

    • Second degree murder

    The statute also punishes as second degree murder the killing of another human being during the commission of a felony that is imminently dangerous to human life. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder.

    Attempted felony murder

    Florida also recognizes the offense of attempted felony murder, codified in FRS § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies.

    Penalties

    If a person committing a predicate felony directly contributed to the death of the victim then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life in prison and the death penalty.

    If a person commits a predicate felony, but was not the direct contributor to the death of the victim then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life.

    References

    Felony murder rule (Florida) Wikipedia
    (Text) CC BY-SA