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 ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | 782.07 | 7.7 | |
| (Nonhomicide lessers*) Aggravated battery | 784.045 | 8.4 | |
| Attempt | 777.04(1) | 5.1 | |
| Felony battery | 784.041 | 8.5 | |
| Aggravated assault | 784.021 | 8.2 | |
| Battery | 784.03 | 8.3 | |
| Assault | 784.011 | 8.1 | |
| Culpable negligence | 784.05 | 8.9 |
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.