Florida statute
Fla. Stat. § 782.04 — Murder
Current through 2025 Florida Statutes
Part of Chapter 782: Homicide, Florida Statutes.
Criminal charges under this statute
Full text of Fla. Stat. § 782.04
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
(1)(a) The unlawful killing of a human being:1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:a. Trafficking offense prohibited by s. 893.135(1),b. Arson,c. Sexual battery,d. Robbery,e. Burglary,f. Kidnapping,g. Escape,h. Aggravated child abuse,i. Aggravated abuse of an elderly person or disabled adult,j. Aircraft piracy,k. Unlawful throwing, placing, or discharging of a destructive device or bomb,l. Carjacking,m. Home-invasion robbery,n. Aggravated stalking,o. Murder of another human being,p. Resisting an officer with violence to his or her person,q. Aggravated fleeing or eluding with serious bodily injury or death,r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, ors. Human trafficking; or3. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user:a. A substance controlled under s. 893.03(1);b. Cocaine, as described in s. 893.03(2)(a)4.;c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;d. Methadone;e. Alfentanil, as described in s. 893.03(2)(b)1.;f. Carfentanil, as described in s. 893.03(2)(b)6.;g. Fentanyl, as described in s. 893.03(2)(b)9.;h. Sufentanil, as described in s. 893.03(2)(b)30.;i. Methamphetamine, as described in s. 893.03(2)(c)5.; orj. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-i.,is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:(a) Trafficking offense prohibited by s. 893.135(1),(b) Arson,(c) Sexual battery,(d) Robbery,(e) Burglary,(f) Kidnapping,(g) Escape,(h) Aggravated child abuse,(i) Aggravated abuse of an elderly person or disabled adult,(j) Aircraft piracy,(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,(l) Carjacking,(m) Home-invasion robbery,(n) Aggravated stalking,(o) Murder of another human being,(p) Aggravated fleeing or eluding with serious bodily injury or death,(q) Resisting an officer with violence to his or her person, or(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:(a) Trafficking offense prohibited by s. 893.135(1),(b) Arson,(c) Sexual battery,(d) Robbery,(e) Burglary,(f) Kidnapping,(g) Escape,(h) Aggravated child abuse,(i) Aggravated abuse of an elderly person or disabled adult,(j) Aircraft piracy,(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,(l) Unlawful distribution of any substance listed in sub-subparagraphs (1)(a)3.a.-j. by a person 18 years of age or older, when such substance is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user,(m) Carjacking,(n) Home-invasion robbery,(o) Aggravated stalking,(p) Murder of another human being,(q) Aggravated fleeing or eluding with serious bodily injury or death,(r) Resisting an officer with violence to his or her person, or(s) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) As used in this subsection, the term:1. “Dangerous fentanyl or fentanyl analogs” means any controlled substance described in s. 893.135(1)(c)4.a.(I)-(VII).2. “Distribute” has the same meaning as in s. 893.02.(b) The unlawful killing of a human being, when perpetrated without any design to effect death, which resulted from the unlawful distribution by a person less than 18 years of age of any substance or mixture that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user, is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) As used in this section, the term:(a) “Substantial factor” means that the use of the substance or mixture alone is sufficient to cause death, regardless of whether any other substance or mixture used is also sufficient to cause death.(b) “Terrorism” means an activity that:1.a. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; orb. Involves a violation of s. 815.06; and2. Is intended to:a. Intimidate, injure, or coerce a civilian population;b. Influence the policy of a government by intimidation or coercion; orc. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.
Official sources
Legal terms used in this section
Questions this section answers
Is attempted felony murder a felony or a misdemeanor in Florida?
It depends on the circumstances: attempted felony murder ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 782.051.
Attempted felony murder — enumerated felony under s. 782.04(3): Felony of the First Degree (Fla. Stat. § 782.051(1)) · Attempted felony murder — non-enumerated felony: Felony of the First Degree (Fla. Stat. § 782.051(2)) · Injury caused by another during enumerated felony: Felony of the Second Degree (Fla. Stat. § 782.051(3))
Is murder a felony or a misdemeanor in Florida?
It depends on the circumstances: murder ranges from a Felony of the Second Degree to a Capital Felony in Florida under Fla. Stat. § 782.04.
First degree premeditated murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · First degree felony murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · First degree drug distribution murder: Capital Felony (Fla. Stat. § 782.04(1)(a)) · Second degree depraved-mind murder: Felony of the First Degree (Fla. Stat. § 782.04(2)) · Second degree murder — killing by co-felon during enumerated felony: Felony of the First Degree (Fla. Stat. § 782.04(3)) · Third degree murder — non-enumerated felony: Felony of the Second Degree (Fla. Stat. § 782.04(4)) · Third degree murder — minor's fentanyl distribution: Felony of the Second Degree (Fla. Stat. § 782.04(5)(b))
Which Florida statute covers murder?
Murder is governed by Fla. Stat. § 782.04 (Murder).
This reference is informational and is not legal advice.