7.7(b) UNNECESSARY KILLING TO PREVENT AN UNLAWFUL ACT

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
7.7(b)
Statute
§ 782.11, 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 Unnecessary Killing to Prevent an Unlawful Act, the State must prove the following four elements beyond a reasonable doubt:

1. (Victim) attempted to commit [a felony] [an unlawful act].

2. (Victim’s) attempt to commit [a felony] [an unlawful act] was independent of a[n] [[threatened] unlawful act] directed solely toward (defendant).

3. (Defendant) resisted (victim’s) [failed] attempt to commit [a felony] [an unlawful act] by intentionally committing an act or acts that caused the death of (victim).

4. (Defendant’s) killing of (victim) was unnecessary.

Lesser-included offenses

As the instruction lists them, word for word.

UNNECESSARY KILLING TO PREVENT AN UNLAWFUL ACT — 782.11

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None782.077.7
(Nonhomicide lessers*) Aggravated battery784.0458.4
Attempt777.04(1)5.1
Felony battery784.0418.5
Aggravated assault784.0218.2
Battery784.038.3
Assault784.0118.1
Culpable negligence784.058.9

Related practice page

Criminal defense in Miami. State or federal.

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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