7.4 MURDER — SECOND 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
- 7.4
- Statute
- § 782.04(2), 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 Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the act of (defendant).
3. There was an unlawful killing of (victim) by an act imminently dangerous to another and demonstrating a depraved mind
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if the defendant was a juvenile at the time of the crime alleged. § 775.082(3), Fla. Stat. Williams v. State, 242 So. 3d 280 (Fla. 2018). The finding below should be made only for cases involving Second Degree Murder where it is alleged in the charging document that the defendant actually killed, intended to kill, or attempted to kill the victim.
If you find (defendant) guilty of Second Degree 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.
SECOND DEGREE MURDER — 782.04(2)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. | |
|---|---|---|---|---|
| Manslaughter | 782.07 | 7.7 | ||
| Aggravated Manslaughter (Child) | 782.07(3) | 7.7(a) | ||
| Aggravated Manslaughter (Elderly Person/Disabled Adult) | 782.07(2) | 7.7(a) | ||
| Aggravated Manslaughter (Officer/Firefighter/EMT/Paramedic) | 782.07(4) | 7.7(a) | ||
| Third degree (felony) murder | 782.04(4) | 7.6 | ||
| 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) | ||
| Vehicular homicide | 782.071 | 7.9 | ||
| Non-homicide lessers* | ||||
| Attempted Second Degree Murder | 777.04(1) | 6.4 | ||
| Aggravated Battery | 784.045 | 8.4 | ||
| Attempted Manslaughter | 782.07 and 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.