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Florida statute

Fla. Stat. § 782.051 — Attempted felony murder

Current through 2025 Florida Statutes

Part of Chapter 782: Homicide, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 782.051

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.

Fla. Stat. § 782.051Primary source, current through the 2025 Florida Statutes
(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits 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, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection. (2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection. (3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.

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))

Which Florida statute covers attempted felony murder?

Attempted felony murder is governed by Fla. Stat. § 782.051 (Attempted felony murder).

This reference is informational and is not legal advice.