7.2 MURDER — FIRST DEGREE
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
- 7.2
- Statute
- § 782.04(1)(a), 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 First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the criminal act of (defendant).
3. There was a premeditated killing of (victim).
Lesser-included offenses
As the instruction lists them, word for word.
FIRST DEGREE (PREMEDITATED) MURDER — 782.04(1)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Second degree (depraved mind) murder | 782.04(2) | 7.4 | |
| Manslaughter | 782.07 | 7.7 | |
| Aggravated Manslaughter (Child) | 782.07(3) | 7.7(a) | |
| Second degree (felony) murder | 782.04(3) | 7.5 | |
| Attempted felony murder | 782.051(1) | 6.3 |
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Attempted premeditated murder | 782.04(1) | 6.2 | |
| Aggravated Manslaughter (Elderly Person/Disabled Adult) | 782.07(2) | 7.7(a) | |
| Aggravated Manslaughter (Officer/Firefighter/ EMT/Paramedic) | 782.07(4) | 7.7(a) | |
| Attempted second degree murder | 782.04(2) & 777.04 | 6.4 | |
| Attempted felony murder | 782.051(2) | 6.3 | |
| Third degree (felony) murder | 782.04(4) | 7.6 | |
| Vehicular homicide | 782.071 | 7.9 | |
| Attempted felony murder | 782.051(3) | 6.3(a) | |
| Aggravated battery | 784.045 | 8.4 | |
| Attempted Manslaughter by Act | 782.07 & 777.04 | 6.6 | |
| Felony Battery | 784.041(1) | 8.5 | |
| Aggravated Assault | 784.021 | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Culpable negligence | 784.05(2) | 8.9 | |
| Culpable negligence | 784.05(1) | 8.9 | |
| 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.