Felony murder rule (Florida)

In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04.[1]

For the felony murder rule in all jurisdictions, see Felony murder rule.

First degree murder

The predicate felonies that will support a charge of first degree murder under the statute are:[2][3]

• 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.[4]

Attempted felony murder

Florida also recognizes the offense of attempted felony murder, codified in F.S. § 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.[5]

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.[6][7]

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.[8][7]

See also

• Ryan Holle, criminal defendant whose case involved a controversial application of the felony murder rule
• Jennifer Mee
• Law of Florida

References

1. McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research.
2. The Florida Statutes. Official Internet Site of the Florida Legislature.
3. "FL statutes for murder". FL Senate.
4. The Florida Statutes.
5. McCarthy.
6. The Florida Statutes.
7. "FL sentencing guidelines". FL Senate.
8. The Florida Statutes.

External links

• Text of the statute from the Florida Legislature