Florida statute

Fla. Stat. § 782.071 — Vehicular homicide

Current through 2025 Florida Statutes

Part of Chapter 782: Homicide, Florida Statutes.

Criminal charges under this statute

Vehicular homicide

Full text of Fla. Stat. § 782.071

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. § 782.071Primary source, current through the 2025 Florida Statutes

“Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. (1) Vehicular homicide is:(a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:1. At the time of the accident, the person knew, or should have known, that the accident occurred; and2. The person failed to give information and render aid as required by s. 316.062.This paragraph does not require that the person knew that the accident resulted in injury or death.(c) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this section, s. 316.193(3)(c)3., 1s. 327.35(3)(a)3.c., or s. 782.072. (2) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5). (3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section. (4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.

Official sources

Legal terms used in this section

Questions this section answers

Is vehicular homicide a felony or a misdemeanor in Florida?

It depends on the circumstances: vehicular homicide ranges from a Felony of the Second Degree to a Felony of the First Degree in Florida under Fla. Stat. § 782.071.

Vehicular homicide (base offense): Felony of the Second Degree (Fla. Stat. § 782.071(1)(a)) · Vehicular homicide — failure to render aid/give information (hit and run): Felony of the First Degree (Fla. Stat. § 782.071(1)(b)) · Vehicular homicide — prior conviction: Felony of the First Degree (Fla. Stat. § 782.071(1)(c))

Which Florida statute covers vehicular homicide?

Vehicular homicide is governed by Fla. Stat. § 782.071 (Vehicular homicide).

This reference is informational and is not legal advice.