6.3 ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY]

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
6.3
Statute
§ 782.051(1) and (2), Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of Attempted Felony Murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [committed] [attempted to commit] a (crime alleged).

2. While engaged in the [commission] [attempted commission] [escape from the immediate scene] of (crime alleged), the defendant [committed] [aided or abetted] an intentional act that is not an essential element of (crime alleged).

3. This intentional act could have but did not cause the death of (victim).

Lesser-included offenses

As the instruction lists them, word for word.

6.3 ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY] — § 782.051(1) AND (2)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Attempted Manslaughter by Act782.07 & 777.046.6
Aggravated Battery784.0458.4
Felony Battery784.041(1)8.5
Aggravated Assault784.0218.2
Battery784.038.3
Assault784.0118.1

Related practice page

Attempted Murder and Attempted Felony Murder in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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