7.3 FELONY MURDER — FIRST DEGREE

To prove the crime of First 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).

1. Define the felony alleged.

2. If applicable, immediately give the attempt instruction (5.1).

3. If applicable, immediately give the principal instruction (3.5(a)).

4. If the underlying felony is charged as a separate count, read, at an appropriate time, instruction 3.12(d)(Legally Interlocking Counts). Failure to do so may result in an impermissible inconsistent verdict. See, e.g., Brown v. State, 959 So. 2d 218 (Fla. 2007).

Give if the defendant was a juvenile at the time of the crime alleged.

§ 775.082(1)(b), Fla. Stat. Williams v. State, 242 So. 3d 280 (Fla. 2018). If the jury were to find the defendant guilty of First Degree Premeditated Murder, the question of whether the defendant intended to kill or attempted to kill would inhere in that verdict. Therefore, the finding below should be made only for cases involving First Degree Felony Murder where it is alleged in the charging document that the defendant actually killed, intended to kill, or attempted to kill the victim. A general verdict for First Degree Murder without a specific finding of premeditation would require the paragraph below to be given.

If you find (defendant) guilty of First Degree Felony 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).