7.3 FELONY 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
- 7.3
- 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 Felony Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
Give as applicable.
2. a. While engaged in the commission of a[n] (felony alleged), [(defendant)] [(defendant’s) accomplice] caused the death of (victim).
b. While engaged in the attempt to commit a[n] (felony alleged), [(defendant)] [(defendant’s) accomplice] caused the death of (victim).
c. While escaping from the immediate scene after [committing] [attempting to commit] a[n] (felony alleged), [(defendant)] [(defendant’s) accomplice] caused the death of (victim).
Give as applicable.
3. a. (Defendant) was the person who actually killed (victim).
b. (Victim) was killed by a person other than (defendant) but both (defendant) and the person who killed (victim) were principals in the commission of (crime alleged).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
1. Define the felony alleged.
2. If applicable, immediately give the attempt instruction (5.1).
3. If applicable, immediately give the principal instruction (3.5(a)).
4. If the underlying felony is charged as a separate count, read, at an appropriate time, instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So. 2d 218 (Fla. 2007).
Give if the defendant was a juvenile at the time of the crime alleged.
§ 775.082(1)(b), Fla. Stat. Williams v. State, 242 So. 3d 280 (Fla. 2018). If the jury were to find the defendant guilty of First Degree Premeditated Murder, the question of whether the defendant intended to kill or attempted to kill would inhere in that verdict. Therefore, the finding below should be made only for cases involving First Degree Felony Murder where it is alleged in the charging document that the defendant actually killed, intended to kill, or attempted to kill the victim. A general verdict for First Degree Murder without a specific finding of premeditation would require the paragraph below to be given.
If you find (defendant) guilty of First Degree Felony Murder, you must also determine whether the State proved beyond a reasonable doubt, that [he] [she] [actually killed] [intended to kill] [or] [attempted to kill] (victim).
Lesser-included offenses
As the instruction lists them, word for word.
FIRST DEGREE FELONY MURDER — 782.04(1)(a)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Death Caused by the Unlawful Distribution of [Name of Enumerated Controlled Substance(s)) | 782.04(1)(a)3 | 7.3(a) | |
| 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 | |
| Aggravated Manslaughter (Elderly Person/Disabled Adult) | 782.07(2) | 7.7(a) | |
| Aggravated Manslaughter (Officer/Firefighter/EMT/Paramedic) | 782.07(4) | 7.7(a) |
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Death Caused by the Unlawful Distribution by a Person Less than 18 Years of Age of [Name of Enumerated Controlled Substance(s)) | 782.04(5)(b) | 7.3(b) | |
| Third degree felony murder* | 782.04(4) | 7.6 | |
| Non-homicide lessers** | |||
| 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
Arson Defense in Miami · 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.