What are elements of the various degrees of homicide?
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What are elements of the various degrees of homicide?
Asked on June 11, 2009 under Criminal Law, Florida
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
These offenses are defined under Chapter 782 of the Florida Code. I'm not a Florida lawyer, and a full explanation of all of the homicide offenses would basically have to repeat the statute, because there are a lot of alternatives.
My research suggests the following summary. Murder is either a premeditated, intended killing, or a killing caused by a person while committing any of a number of specific other felonies, such as aggravated child abuse, arson, burglary, some drug offenses, and forcibly resisting a police officer, to name just a few. Second degree murder is either a killing due to recklessly dangerous acts with a "depraved mind," or the killing of a person during the course of one of those same felonies, but by someone else participating in the felony -- if Alex and Bob are robbing a house, and Alex kills someone while doing it, Alex is guilty of murder, Bob is guilty of second degree murder. Third degree murder is the unintended killing of a person while committing any felony other than those on the list for the higher degree crimes. Manslaughter is any other unintended killing that happens as a result of other illegal acts or "culpable negligence", and it is aggravated manslaughter if the victim is a child, elderly person, or an on-duty police officer or other emergency emergency worker.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
This is a very involved question and far to lengthy to answer here. So what I have done is to provide a link to the various homicide statutes for your review:
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