7.5 FELONY 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
- 7.5
- Statute
- § 782.04(3), 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 Felony Murder, the State must prove the following four elements beyond a reasonable doubt:
1. (Victim) is dead.
2. (Defendant) was not the person who actually killed (victim), but (defendant) did commit or did knowingly aid, abet, counsel, hire, or otherwise procure the commission of a[n] (felony alleged).
Give 3a, 3b, and/or 3c as applicable.
3. a. (Victim’s) death was caused during and was a consequence of the commission of the (felony alleged).
b. (Victim’s) death was caused during and was a consequence of the attempted commission of the (felony alleged).
c. (Victim’s) death was caused during and was a consequence of the escape from the immediate scene of the [(felony alleged)] [attempt to commit the (felony alleged)].
4. The person who actually killed (victim) was not involved in the commission or the attempt to commit the (crime alleged).
Lesser-included offenses
As the instruction lists them, word for word.
SECOND DEGREE FELONY MURDER — 782.04(3)
| CATEGORY ONE | CATEGORY TWO | FLA.STAT. | INS. NO. |
|---|---|---|---|
| Manslaughter | 782.07 | 7.7 | |
| Aggravated Manslaughter (Child) | 782.07(3) | 7.7(a) | |
| 782.07(2) | 7.7(a) | ||
| Aggravated Manslaughter (Elderly Person/Disabled Adult) | |||
| Aggravated Manslaughter (Officer/Firefighter/EMT/Paramedic) | 782.07(4) | 7.7(a) | |
| Third degree felony murder | 782.04(4) | 7.6 |
Related practice page
Murder and Homicide 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.