7.6 FELONY MURDER — THIRD 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
- 7.6
- Statute
- § 782.04(4), 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 Third 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).
Lesser-included offenses
As the instruction lists them, word for word.
THIRD DEGREE FELONY MURDER — 782.04(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Manslaughter | 782.07 | 7.7 | |
| 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) | |
| Non-homicide lessers* | |||
| 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
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.