Florida Law Chapter 782: Homicide 7/16/2024

Questions and Answers

When is the use of deadly force justifiable?

When resisting an attempt to murder or commit a felony upon oneself or one's dwelling (correct)

When committing a felony

When acting with cruel or unusual manner

When the perpetrator is armed with a dangerous weapon

What is the common-law rule of evidence known as?

Decade-and-a-day rule

Year-and-a-day rule (correct)

Year-and-a-half rule

Month-and-a-day rule

What is the consequence of the 'year-and-a-day rule' being abrogated?

The rule is only applicable to non-homicide cases

The rule is only applicable to certain cases

The rule still applies in this state

The rule no longer applies in this state (correct)

What is excusable homicide?

Homicide committed by accident and misfortune in doing any lawful act Signup and view all the answers

What is not a circumstance under which homicide is excusable?

With cruel or unusual manner Signup and view all the answers

When is homicide committed with unlawful intent?

When committed with cruel or unusual manner Signup and view all the answers

What is the term used to describe the killing of a human being with a premeditated design to effect the death of the person killed or any human being?

Murder in the first degree Signup and view all the answers

Which of the following is an example of a felony that can lead to a murder charge if committed during its perpetration?

Arson Signup and view all the answers

What is the term used to describe the unlawful killing of a human being without a premeditated design to effect the death of any particular individual?

Murder in the second degree Signup and view all the answers

What must the prosecutor give to the defendant if they intend to seek the death penalty?

Notice of intent Signup and view all the answers

What is the term used to describe the distribution of a substance that results in the death of the user?

Unlawful distribution Signup and view all the answers

Which of the following is NOT a substance that can be proven to have caused or contributed to the death of the user?

Aspirin Signup and view all the answers

What is the procedure that must be followed to determine the sentence of death or life imprisonment?

The procedure set forth in s. 921.141 Signup and view all the answers

What is the term used to describe an act that is imminently dangerous to another and evincing a depraved mind regardless of human life?

Depraved mind murder Signup and view all the answers

Which of the following is an example of an aggravating factor that can be used to prove a murder charge?

The defendant's prior criminal record Signup and view all the answers

What is the time frame within which the prosecutor must give notice to the defendant if they intend to seek the death penalty?

45 days after arraignment Signup and view all the answers

What happens when a human being is killed during the perpetration of certain felonies?

The perpetrator commits murder in the second degree, which constitutes a felony of the first degree Signup and view all the answers

Which of the following is NOT a felony that can lead to murder in the second degree?

Simple battery Signup and view all the answers

What is the meaning of 'substantial factor' in the context of murder in the third degree?

A factor that is sufficient to cause death, regardless of whether any other factor is also sufficient Signup and view all the answers

What is an example of an act of terrorism according to the statute?

A violation of s. 815.06 Signup and view all the answers

What is the intention behind an act of terrorism?

To intimidate or coerce a government Signup and view all the answers

What is the punishment for murder in the third degree?

Imprisonment for a term of years not exceeding 20 years Signup and view all the answers

Which of the following is an example of a felony that can lead to murder in the second degree?

Robbery Signup and view all the answers

What is the difference between murder in the second degree and murder in the third degree?

The type of felony committed Signup and view all the answers

What is the consequence of committing murder in the second degree?

Imprisonment for a term of years not exceeding life Signup and view all the answers

Which of the following is a characteristic of an act of terrorism?

It is a violation of the criminal laws of this state or of the United States Signup and view all the answers

What is the rank in the Criminal Punishment Code for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another, in the perpetration or attempted perpetration of any felony enumerated in s. 782.04(3)?

Level 9 Signup and view all the answers

What is the punishment for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another, in the perpetration or attempted perpetration of any felony other than a felony enumerated in s. 782.04(3)?

Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

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, what is the rank in the Criminal Punishment Code?

Level 7 Signup and view all the answers

What is the punishment for a defendant who commits murder in violation of s. 782.04 and the victim is a law enforcement officer, correctional officer, correctional probation officer, etc.?

Life imprisonment without eligibility for release Signup and view all the answers

What is required to be found beyond a reasonable doubt in s. 782.065?

Both b and c Signup and view all the answers

What is the effect of s. 782.065 on ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921?

It replaces the punishments specified Signup and view all the answers

What are the terms defined in s. 943.10 that are relevant to s. 782.065?

All of the above Signup and view all the answers

What is the section of the Florida Statutes that specifies the punishment for attempted murder in the first or second degree?

s. 782.051 Signup and view all the answers

What is the condition under which a defendant shall be sentenced to life imprisonment without eligibility for release under s. 782.065?

All of the above Signup and view all the answers

What is the effect of s. 782.051 on the punishment for committing an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another?

It increases the punishment Signup and view all the answers

What is the degree of felony for manslaughter?

Second degree Signup and view all the answers

What is the term used to describe the killing of a human being by the operation of a motor vehicle?

Vehicular homicide Signup and view all the answers

What is the degree of felony for aggravated manslaughter of an elderly person or disabled adult?

First degree Signup and view all the answers

Who can commit aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic?

Any person Signup and view all the answers

What is the minimum degree of felony for vehicular homicide?

Second degree Signup and view all the answers

What is the term used to describe the killing of a human being by the operation of a vessel?

Vessel homicide Signup and view all the answers

What is the consequence of committing aggravated manslaughter of a child?

Felony of the first degree Signup and view all the answers

What is the punishment for vehicular homicide if the person failed to give information and render aid?

Felony of the first degree Signup and view all the answers

What is the additional punishment that can be ordered by the court for vehicular homicide?

Community service Signup and view all the answers

What is the term used to describe the killing of an unborn child by any injury to the mother?

Feticide Signup and view all the answers

What is the degree of felony for vessel homicide if the person knew, or should have known, that the accident occurred and failed to give information and render aid?

First degree Signup and view all the answers

What is the degree of felony for assisting self-murder?

Second degree Signup and view all the answers

What is the term used to describe the killing of an unborn child by any injury to the mother?

Murder Signup and view all the answers

What is the degree of felony for commercial exploitation of self-murder?

Third degree Signup and view all the answers

What is the term used to describe the voluntary and intentional taking of one's own life?

Self-murder Signup and view all the answers

What is the degree of felony for killing an unborn child by any injury to the mother that would be murder in the first degree if it resulted in the mother's death?

Capital felony Signup and view all the answers

What is the term used to describe the artistic depiction or portrayal of self-murder that is not an actual self-murder?

Simulated self-murder Signup and view all the answers

What is the degree of felony for vessel homicide?

Second degree Signup and view all the answers

What is the term used to describe the act of deliberately assisting another in the commission of self-murder?

Assisting self-murder Signup and view all the answers

What is the degree of felony for the crime of partial-birth abortion?

Felony of the second degree Signup and view all the answers

Who may not be prosecuted under this act?

Patient receiving the procedure Signup and view all the answers

What is not affected by this act?

Other types of abortion Signup and view all the answers

In what situation may a physician take measures to save the life of a mother?

If the mother's life is endangered by a physical disorder, physical illness, or physical injury Signup and view all the answers

What happens in the event of a conflict between this act and any other provision of law?

This act shall govern Signup and view all the answers

What is excluded from the definition of partial-birth abortion?

Sharp curetage abortion Signup and view all the answers

What is the purpose of Section 5, Chapter 2000-142?

To liberally construe this act to effectively carry out its purposes Signup and view all the answers

What is the consequence of violating Section 782.34?

Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 Signup and view all the answers

What is the punishment for unlawfully killing an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother's death?

Felony of the second degree Signup and view all the answers

Under what circumstances is the death of the mother resulting from the same act or criminal episode that caused the death of the unborn child not a bar to prosecution?

Always, according to Section 782.09 Signup and view all the answers

What is the definition of 'unborn child' in the context of Section 782.09?

A fetus that has a heartbeat or discernible spontaneous movement Signup and view all the answers

What is the crime of unnecessarily killing another while resisting an attempt to commit any felony or to do any other unlawful act?

Manslaughter, a felony of the second degree Signup and view all the answers

What is the 'Partial-Birth Abortion Act'?

Sections 782.30-782.36 of the Florida Statutes Signup and view all the answers

What is meant by 'partially born' in the context of the 'Partial-Birth Abortion Act'?

Both a and b Signup and view all the answers

What is a 'living fetus' in the context of the 'Partial-Birth Abortion Act'?

A fetus that has a heartbeat or discernible spontaneous movement Signup and view all the answers

What is a 'suction or sharp curettage abortion' in the context of the 'Partial-Birth Abortion Act'?

An abortion performed with both a and b Signup and view all the answers

What is the purpose of the 'Partial-Birth Abortion Act'?

To regulate abortions Signup and view all the answers

What is the consequence of conflict between the 'Partial-Birth Abortion Act' and any other provision of law?

The provisions of the 'Partial-Birth Abortion Act' will govern Signup and view all the answers

Study Notes

Chapter 782 - Homicide

782.02 - Justifiable Use of Deadly Force

Justifiable use of deadly force when a person is resisting:
- Attempt to murder
- Commit any felony upon them or their dwelling
Examples of felonies include:
- Trafficking offense
- Arson
- Sexual battery
- Robbery
- Kidnapping
- Aggravated child abuse
- Aggravated abuse of an elderly person or disabled adult

782.03 - Excusable Homicide

Homicide is excusable when:
- Committed by accident and misfortune
- In the heat of passion, upon sudden and sufficient provocation
- Without any unlawful intent
- Without any dangerous weapon being used
- Not done in a cruel or unusual manner

782.04 - Murder

Murder in the first degree:
- Premeditated design to effect the death of the person killed or any human being
- Perpetrated by any act imminently dangerous to another and evincing a depraved mind
- Resulting from the unlawful distribution of certain substances
Murder in the second degree:
- Unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind
- Without any premeditated design to effect death
Murder in the third degree:
- Unlawful killing of a human being, when perpetrated without any design to effect death
- During the perpetration or attempt to perpetrate any felony

782.035 - Abrogation of Common-Law Rule of Evidence Known as "Year-and-a-Day Rule"

The common-law rule of evidence known as the "year-and-a-day rule" is hereby abrogated and does not apply in this state

782.04 - Murder (continued)

Additional provisions for sentencing and procedure

782.051 - Attempted Felony Murder

Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and commits an intentional act that could, but does not, cause the death of another
Sentencing and punishment vary depending on the circumstances

782.065 - Murder; Law Enforcement Officer, Correctional Officer, Correctional Probation Officer

Special provisions for murder of a law enforcement officer, correctional officer, or correctional probation officer
Sentencing and punishment vary depending on the circumstances

782.07 - Manslaughter; Aggravated Manslaughter

Manslaughter:
- Killing of a human being by the act, procurement, or culpable negligence of another
- Without lawful justification
Aggravated manslaughter:
- Of an elderly person or disabled adult
- Of a child
- Of an officer, firefighter, emergency medical technician, or paramedic
Sentencing and punishment vary depending on the circumstances

782.071 - Vehicular Homicide

Vehicular homicide:
- 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
Sentencing and punishment vary depending on the circumstances

782.072 - Vessel Homicide

Vessel homicide:
- Killing of a human being by the operation of a vessel
- By another in a reckless manner
Sentencing and punishment vary depending on the circumstances

782.08 - Assisting Self-Murder

Deliberately assisting another in the commission of self-murder is manslaughter

782.081 - Commercial Exploitation of Self-Murder

Commercial exploitation of self-murder:
- Conducting an event that includes an actual self-murder
- Providing a venue or assistance for an event that includes an actual self-murder
Sentencing and punishment vary depending on the circumstances

782.09 - Killing of Unborn Child by Injury to Mother

Unlawful killing of an unborn child by any injury to the mother
Sentencing and punishment vary depending on the circumstances and degree of murder### Unlawful Killing of an Unborn Child
Unlawfully killing an unborn child by injuring the mother, which would be manslaughter if it resulted in the mother's death, is considered manslaughter, a felony of the second degree.
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.

Exceptions for Medical Procedures

This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.

Unnecessary Killing to Prevent Unlawful Act

Unnecessarily killing another while resisting an attempt to commit any felony or to do any other unlawful act, or after such attempt has failed, is deemed guilty of manslaughter, a felony of the second degree.

Partial-Birth Abortion Act

Definitions

"Partially born" means the living fetus's intact body, with the entire head attached, presented so that:
- The fetus's entire head has been delivered past the mother's vaginal opening in a cephalic presentation, or
- Any portion of the fetus's torso above the navel has been delivered in a breech presentation.
"Living fetus" means any unborn member of the human species who has a heartbeat or discernible spontaneous movement.
"Suction or sharp curettage abortion" means an abortion in which the developing fetus and products of conception are evacuated from the uterus through a suction cannula with an attached vacuum apparatus or with a sharp curette.

Partial-Birth Abortion

Intentionally killing a living fetus while it is partially born is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Exceptions

A patient receiving a partial-birth-abortion procedure may not be prosecuted under this act.
This act does not apply to a suction or sharp curettage abortion.
This act does not constitute implicit approval of other types of abortion, which remain subject to all other applicable laws of this state.
This act does not prohibit a physician from taking measures necessary to save the life of a mother whose life is endangered, provided that every reasonable precaution is also taken to save the fetus's life.

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This quiz covers the laws and regulations related to homicide in Florida, including justifiable use of deadly force and excusable homicide.