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 ONECATEGORY TWOFLA. STAT.INS. NO.
Second degree (depraved mind) murder782.04(2)7.4
Manslaughter782.077.7
Aggravated Manslaughter (Child)782.07(3)7.7(a)
Second degree (felony) murder782.04(3)7.5
Attempted felony murder782.051(1)6.3
CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Attempted premeditated murder782.04(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 murder782.04(2) & 777.046.4
Attempted felony murder782.051(2)6.3
Third degree (felony) murder782.04(4)7.6
Vehicular homicide782.0717.9
Attempted felony murder782.051(3)6.3(a)
Aggravated battery784.0458.4
Attempted Manslaughter by Act782.07 & 777.046.6
Felony Battery784.041(1)8.5
Aggravated Assault784.0218.2
Battery784.038.3
Culpable negligence784.05(2)8.9
Culpable negligence784.05(1)8.9
Assault784.0118.1

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.

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