Chapter 782 — Chapter 782
17 sections in this chapter.
Fla. Stat. § 782.02 Justifiable use of deadly force
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The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
Fla. Stat. § 782.03 Excusable homicide
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Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden…
Fla. Stat. § 782.035 Abrogation of common-law rule of evidence known as “year-and-a-day rule.”
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The common-law rule of evidence applicable to homicide prosecutions known as the “year-and-a-day rule,” which provides a conclusive presumption that an injury is not the cause of death or that whether it is the cause cannot be discerned if the interval between the infliction of t…
Fla. Stat. § 782.04 Murder
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(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 prohib…
Fla. Stat. § 782.051 Attempted felony murder
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(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 …
Fla. Stat. § 782.065 Murder; law enforcement officer, correctional officer, correctional probation officer
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Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt:(1) The defendant committed murder in the first degree i…
Fla. Stat. § 782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic
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(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this c…
Fla. Stat. § 782.071 Vehicular homicide
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“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…
Fla. Stat. § 782.072 Vessel homicide
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“Vessel homicide” is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is:(1) A felony of the second degree, punishable as provided in s…
Fla. Stat. § 782.08 Assisting self-murder
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Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 782.081 Commercial exploitation of self-murder
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(1) As used in this section, the term:(a) “Deliberately assisting” means carrying out a public act that is intended to:1. Aid, abet, facilitate, permit, advocate, or encourage;2. Publicize, promote, advertise, operate, stage, schedule, or conduct;3. Provide or secure a venue, tra…
Fla. Stat. § 782.09 Killing of unborn child by injury to mother
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(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 th…
Fla. Stat. § 782.11 Unnecessary killing to prevent unlawful act
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Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as pr…
Fla. Stat. § 782.30 Short title
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Sections 782.30-782.36 may be cited as the “Partial-Birth Abortion Act.”
Fla. Stat. § 782.32 Definitions
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As used in this act, the term:(1) “Partially born” means the living fetus’s intact body, with the entire head attached, is presented so that:(a) There has been delivered past the mother’s vaginal opening:1. The fetus’s entire head, in the case of a cephalic presentation, up until…
Fla. Stat. § 782.34 Partial-birth abortion
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Except as provided in s. 782.36, any person who intentionally kills a living fetus while that fetus is partially born commits the crime of partial-birth abortion, which is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 782.36 Exceptions
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(1) A patient receiving a partial-birth-abortion procedure may not be prosecuted under this act.(2) This act does not apply to a suction or sharp curettage abortion.(3) This act does not constitute implicit approval of other types of abortion, which remain subject to all other ap…