7.15 KILLING AN UNBORN CHILD BY [AN INJURY TO] [OR] [THE DEATH OF] THE MOTHER

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
7.15
Statute
§ 782.09, 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 Killing an Unborn Child by [an Injury to] [or] [the Death of] the Mother, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) committed an act that caused [an injury to] [or] [the death of] (mother).

2. At the time, (mother) was pregnant.

3. The unborn child died as a result of [the injury to] [or] [the death of] (mother).

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if mother died.

You must also determine whether the State proved beyond a reasonable doubt that the death of (mother) constituted [First Degree Murder] [Second Degree Murder] [Third Degree Murder] [Manslaughter] by (defendant).

Give if mother was injured but did not die.

You must also determine whether the State proved beyond a reasonable doubt that the injury inflicted upon (mother) was of a type that would have constituted [First Degree Murder] [Second Degree Murder] [Third Degree Murder] [Manslaughter] if (mother) had died as a result of (defendant’s) act.

If you find that the defendant’s act would not have constituted [First Degree Murder] [Second Degree Murder] [Third Degree Murder] [Manslaughter] of the mother [if she had died], you must find (defendant) not guilty [of this count in the [information] [indictment]].

Lesser-included offenses

As the instruction lists them, word for word.

The lesser included offenses are included within the brackets in this instruction.

Related practice page

Criminal defense in Miami. State or federal.

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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