Felony murder rule (Florida)
In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04.[1]
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 the defendant was under 18, a judge sets a maximum term of 40 years and they are eligible for a review of their sentence after 25 years.
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] If the defendant was under 18, a judge sets a maximum term of 30 years and they are eligible for a review of their sentence after 25 years.
See also[]
- Ryan Holle, criminal defendant whose case involved a controversial application of the felony murder rule
- Jennifer Mee
- Law of Florida
References[]
- ^ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research.
- ^ The Florida Statutes. Official Internet Site of the Florida Legislature.
- ^ "FL statutes for murder". FL Senate.
- ^ The Florida Statutes.
- ^ McCarthy.
- ^ The Florida Statutes.
- ^ a b "FL sentencing guidelines". FL Senate.
- ^ The Florida Statutes.
External links[]
- Murder in Florida
- U.S. state criminal law
- Florida law