6.4 ATTEMPTED SECOND DEGREE MURDER
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
- 6.4
- Statute
- §§ 782.04(2) and 777.04, 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 Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) intentionally committed an overt act that could have resulted in the death of (victim) but did not result in (victim’s) death.
2. The act was imminently dangerous to another and demonstrated a depraved mind without regard for human life.
3. The overt act went beyond mere preparation.
Lesser-included offenses
As the instruction lists them, word for word.
ATTEMPTED SECOND DEGREE MURDER — 782.04(2) and 777.04
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Attempted manslaughter by act | 782.07 and 777.04 | 6.6 | |
| Aggravated battery | 784.045 | 8.4 | |
| Felony battery | 784.041(1) | 8.5 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 |
Related practice page
Murder and Homicide Defense in Miami · Violent Crimes Defense 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.