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Florida statute

Fla. Stat. § 782.09 — Killing of unborn child by injury to mother

Current through 2025 Florida Statutes

Part of Chapter 782: Homicide, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 782.09

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. § 782.09Primary source, current through the 2025 Florida Statutes
(1) The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother:(a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.(b) Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section. (4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390. (5) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5).

Official sources

Legal terms used in this section

Questions this section answers

Is killing of unborn child by injury to mother a felony or a misdemeanor in Florida?

It depends on the circumstances: killing of unborn child by injury to mother ranges from a Felony of the Second Degree to a Capital Felony in Florida under Fla. Stat. § 782.09.

Killing of unborn child equivalent to first degree murder: Capital Felony (Fla. Stat. § 782.09(1)(a)) · Killing of unborn child equivalent to second degree murder: Felony of the First Degree (Fla. Stat. § 782.09(1)(b)) · Killing of unborn child equivalent to third degree murder: Felony of the Second Degree (Fla. Stat. § 782.09(1)(c)) · Killing of unborn child equivalent to manslaughter: Felony of the Second Degree (Fla. Stat. § 782.09(2))

Which Florida statute covers killing of unborn child by injury to mother?

Killing of unborn child by injury to mother is governed by Fla. Stat. § 782.09 (Killing of unborn child by injury to mother).

This reference is informational and is not legal advice.