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Florida Statute 782.04 | Lawyer Caselaw & Research
F.S. 782.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.04
782.04 Murder.
(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 prohibited by s. 893.135(1),
b. Arson,
c. Sexual battery,
d. Robbery,
e. Burglary,
f. Kidnapping,
g. Escape,
h. Aggravated child abuse,
i. Aggravated abuse of an elderly person or disabled adult,
j. Aircraft piracy,
k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
l. Carjacking,
m. Home-invasion robbery,
n. Aggravated stalking,
o. Murder of another human being,
p. Resisting an officer with violence to his or her person,
q. Aggravated fleeing or eluding with serious bodily injury or death,
r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or
s. Human trafficking; or
3. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user:
a. A substance controlled under s. 893.03(1);
b. Cocaine, as described in s. 893.03(2)(a)4.;
c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;
d. Methadone;
e. Alfentanil, as described in s. 893.03(2)(b)1.;
f. Carfentanil, as described in s. 893.03(2)(b)6.;
g. Fentanyl, as described in s. 893.03(2)(b)9.;
h. Sufentanil, as described in s. 893.03(2)(b)30.;
i. Methamphetamine, as described in s. 893.03(2)(c)5.; or
j. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-i.,

is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.

(b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Carjacking,
(m) Home-invasion robbery,
(n) Aggravated stalking,
(o) Murder of another human being,
(p) Aggravated fleeing or eluding with serious bodily injury or death,
(q) Resisting an officer with violence to his or her person, or
(r) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
(a) Trafficking offense prohibited by s. 893.135(1),
(b) Arson,
(c) Sexual battery,
(d) Robbery,
(e) Burglary,
(f) Kidnapping,
(g) Escape,
(h) Aggravated child abuse,
(i) Aggravated abuse of an elderly person or disabled adult,
(j) Aircraft piracy,
(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
(l) Unlawful distribution of any substance listed in sub-subparagraphs (1)(a)3.a.-j. by a person 18 years of age or older, when such substance is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user,
(m) Carjacking,
(n) Home-invasion robbery,
(o) Aggravated stalking,
(p) Murder of another human being,
(q) Aggravated fleeing or eluding with serious bodily injury or death,
(r) Resisting an officer with violence to his or her person, or
(s) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35,

is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) As used in this section, the term:
(a) “Substantial factor” means that the use of the substance or mixture alone is sufficient to cause death, regardless of whether any other substance or mixture used is also sufficient to cause death.
(b) “Terrorism” means an activity that:
1.a. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or
b. Involves a violation of s. 815.06; and
2. Is intended to:
a. Intimidate, injure, or coerce a civilian population;
b. Influence the policy of a government by intimidation or coercion; or
c. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.
History.s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212; s. 12, ch. 2005-128; s. 1, ch. 2010-121; s. 2, ch. 2012-21; s. 4, ch. 2014-176; s. 9, ch. 2015-34; s. 2, ch. 2016-13; s. 2, ch. 2016-24; s. 24, ch. 2016-105; s. 4, ch. 2017-1; s. 7, ch. 2017-37; s. 2, ch. 2017-107; s. 17, ch. 2018-13; ss. 114, 122, ch. 2019-167; s. 1, ch. 2022-129; s. 1, ch. 2023-196.

F.S. 782.04 on Google Scholar

F.S. 782.04 on Casetext

Amendments to 782.04


Arrestable Offenses / Crimes under Fla. Stat. 782.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.04 1a1 - HOMICIDE - MURDER FIRST DEGREE PREMEDITATED - F: C
S782.04 1a2 - HOMICIDE - RENUMBERED. SEE REC # 8867 - F: C
S782.04 1a2a - HOMICIDE - MURDER WHILE ENGAGED IN TRAFFICKING - F: C
S782.04 1a2b - HOMICIDE - MURDER WHILE ENGAGED IN ARSON - F: C
S782.04 1a2c - HOMICIDE - MURDER WHILE ENGAGED IN SEXUAL BATTERY - F: C
S782.04 1a2d - HOMICIDE - MURDER WHILE ENGAGED IN ROBBERY - F: C
S782.04 1a2e - HOMICIDE - MURDER WHILE ENGAGED IN BURGLARY - F: C
S782.04 1a2f - HOMICIDE - MURDER WHILE ENGAGED IN KIDNAPPING - F: C
S782.04 1a2g - HOMICIDE - MURDER WHILE ENGAGED IN ESCAPE - F: C
S782.04 1a2h - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED CHILD ABUSE - F: C
S782.04 1a2i - HOMICIDE - MURDER ENGAGED AGG ABUSE ELDER PERS DISAB ADLT - F: C
S782.04 1a2j - HOMICIDE - MURDER WHILE ENGAGED IN AIRCRAFT PIRACY - F: C
S782.04 1a2k - HOMICIDE - MURDER ENGAGED THROW PLACE DISCH DEST DEV BOMB - F: C
S782.04 1a2l - HOMICIDE - MURDER WHILE ENGAGED IN CARJACKING - F: C
S782.04 1a2m - HOMICIDE - MURDER WHILE ENGAGED IN HOME INVASION ROBBERY - F: C
S782.04 1a2n - HOMICIDE - MURDER WHILE ENGAGED IN AGGRAVATED STALKING - F: C
S782.04 1a2o - HOMICIDE - MURDER WHILE ENGAGED IN MURDER OF ANTHER HUMAN - F: C
S782.04 1a2p - HOMICIDE - MURDER WHILE ENGAGED IN RESIST OFFICER W VIOL - F: C
S782.04 1a2q - HOMICIDE - MURDER ENGAGE AGG FLEE ELUDE SER BOD INJ DEATH - F: C
S782.04 1a2r - HOMICIDE - MURDER WHILE ENGAGED IN/FURTHERANCE TERRORISM - F: C
S782.04 1a2s - HOMICIDE - MURDER WHILE ENGAGED IN HUMAN TRAFFICKING - F: C
S782.04 1a3 - HOMICIDE - RENUMBERED. SEE REC # 8921 - F: C
S782.04 1a3a - HOMICIDE - DISTRIBUTE CTRL SUBSTANCE PROX CAUSE DEATH - F: C
S782.04 1a3b - HOMICIDE - DISTRIBUTE COCAINE PROX CAUSE DEATH - F: C
S782.04 1a3c - HOMICIDE - DISTRIBUTE OPIUM PROX CAUSE DEATH - F: C
S782.04 1a3d - HOMICIDE - DISTRIBUTE METHADONE PROX CAUSE DEATH - F: C
S782.04 1a3e - HOMICIDE - DISTRIBUTE ALFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3f - HOMICIDE - DISTRIBUTE CARFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3g - HOMICIDE - DISTRIBUTE FENTANYL PROX CAUSE DEATH - F: C
S782.04 1a3h - HOMICIDE - DISTRIBUTE SUFENTANIL PROX CAUSE DEATH - F: C
S782.04 1a3i - HOMICIDE - MURDER DISTIB OF METH ANALOG PROX CAUSE DEATH - F: C
S782.04 1a3i - HOMICIDE - RENUMBERED. SEE REC # 9574 - F: C
S782.04 1a3j - HOMICIDE - MURDER DISTIB CTRL SUB ANALOG PROX CAUSE DEATH - F: C
S782.04 2 - HOMICIDE - MURDER DANGEROUS DEPRAVED WO PREMEDITATION - F: F
S782.04 3 - HOMICIDE - RENUMBERED. SEE REC # 8930 - F: F
S782.04 3a - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TRAFFICKING - F: F
S782.04 3b - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ARSON - F: F
S782.04 3c - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG SEX BATTERY - F: F
S782.04 3d - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ROBBERY - F: F
S782.04 3e - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG BURGLARY - F: F
S782.04 3f - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG KIDNAPPING - F: F
S782.04 3g - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG ESCAPE - F: F
S782.04 3h - HOMICIDE - MURDER BY PRSN OTH THN PRSN ENG AGG CHILD ABUS - F: F
S782.04 3i - HOMICIDE - BY OTH TH PRSN ENG AGG ABUS ELD PER DISAB ADLT - F: F
S782.04 3j - HOMICIDE - MURD BY PRSN OTHR THN PERSN ENG AIRCRFT PIRACY - F: F
S782.04 3k - HOMICIDE - MURDER BY PRSN OTHR THN PRSN USE DEST DEV BOMB - F: F
S782.04 3l - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG CARJACKING - F: F
S782.04 3m - HOMICIDE - MURD BY PRSN OTHR THN PRSN ENG HOME INVAS ROBB - F: F
S782.04 3n - HOMICIDE - MURDER BY PRSN OTHR THN PERSN ENG AGG STALKING - F: F
S782.04 3o - HOMICIDE - BY PRSN OTHR THN PRSN ENG MURDER ANOTH HUMAN - F: F
S782.04 3p - HOMICIDE - OTH TH PRSN ENG AGG FLE ELUD SER BOD INJ DEATH - F: F
S782.04 3q - HOMICIDE - BY OTHR THN PERSN ENG RESIST OFFICER W VIOL - F: F
S782.04 3r - HOMICIDE - MURDER BY PERSN OTHR THN PERSN ENG TERRORISM - F: F
S782.04 4 - HOMICIDE - MURDER NOT PREMEDITATED DURING OTHER FELONY - F: S


Civil Citations / Citable Offenses under S782.04
R or S next to points is Mandatory Revocation or Suspension

S782.04 Murder resulting from the operation of a motor vehicle. U.T.C. must be written pursuant to 316.650(1). [See 322.26(1)(a) and 322.28(3)] - Points on Drivers License: 0 R


Annotations, Discussions, Cases:

Cases from cite.case.law:

THOMPSON, v. UNITED STATES, 924 F.3d 1153 (11th Cir. 2019)

. . . . § 782.04(2). . . . Stat. § 782.04(1)(a). . . .

MOSS, v. STATE, 270 So. 3d 559 (Fla. App. Ct. 2019)

. . . State , 780 So. 2d 17, 21 (Fla. 2001) ; § 782.04(1) Fla. Stat. (2017) ; § 777.04(1), Fla. . . .

SALOMON, v. STATE, 267 So. 3d 25 (Fla. App. Ct. 2019)

. . . ." § 782.04(2), Fla. Stat. (2016). . . .

DAVIS, Sr. v. CITY OF APOPKA III, 356 F. Supp. 3d 1366 (M.D. Fla. 2018)

. . . . § 782.04(1)(a)(1). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 754 (Fla. 2018)

. . . APPENDIX 7.3 FELONY MURDER - FIRST DEGREE § 782.04(1)(a), Fla. Stat. . . . Lesser Included Offenses FIRST DEGREE (FELONY) MURDER - 782.04(1)(a) CATEGORY ONE CATEGORY TWO FLA. . . . Second degree 782.04(2) 7.4 (depraved mind) murder Manslaughter 782.07 7.7 Aggravated 782.07(3) 7.7(a . . . Aggravated 782.07(4) 7.7(a) Manslaughter (Officer/Firefighter/EMT/Paramedic) Third degree (felony) 782.04 . . . Lesser Included Offenses SECOND DEGREE (DEPRAVED MIND) MURDER - 782.04(2) CATEGORY ONE CATEGORY TWO FLA . . .

FOSTER, v. STATE, 258 So. 3d 1248 (Fla. 2018)

. . . unanimously convicted the defendant of the capital crime of first-degree murder that is delineated in section 782.04 . . . Florida's substantive statute on murder, codified at section 782.04, Florida Statutes, provides as follows . . . : 782.04 Murder.- (1)(a) The unlawful killing of a human being: 1. . . . Thus, the crime of first-degree murder, of which Foster was convicted, is defined in section 782.04 as . . .

HURST, v. STATE, 257 So. 3d 1202 (Fla. App. Ct. 2018)

. . . Under subsection (3)(a)5.a., a person who is convicted under section 782.04 and sentenced to a term of . . . First, Hurst disputes that he was convicted under section 782.04. . . . The language of section 775.082 is crystal clear-a juvenile offender convicted under section 782.04 is . . . Because Hurst was convicted under section 782.04, attempted to kill the victim, and used a weapon or . . . Section 775.082(3)(a) 5., Florida Statutes, sets forth the penalty for a conviction under section 782.04 . . .

M. RAYMOND, v. STATE, 257 So. 3d 624 (Fla. App. Ct. 2018)

. . . (Crim.) 6.4; § 782.04(2), Fla. Stat. (2017). . . . However, the correct statute regarding second-degree murder is section 782.04(2), not section 784.04( . . . .3d 1200, 1203-04 (Fla. 1st DCA 2018) (discussing second-degree murder conviction pursuant to section 782.04 . . .

UNITED STATES v. JONES,, 906 F.3d 1325 (11th Cir. 2018)

. . . . § 782.04(2). . . . Stat. § 782.04(1)(a) (2017). . . . Stat. § 782.04(1)(a) ; see also State v. . . . Stat. § 782.04(1). . . .

LEE, v. STATE, 257 So. 3d 1132 (Fla. App. Ct. 2018)

. . . See §§ 777.04(4)(c), 782.04, Fla. . . .

JACKSON, v. STATE, 256 So. 3d 975 (Fla. App. Ct. 2018)

. . . Petitioner asserts that the State violated section 782.04, Fla. . . . And the 2016 amendment to section 782.04(1), Fla. . . .

WILLIAMS, v. STATE, 266 So. 3d 1197 (Fla. App. Ct. 2018)

. . . See § 782.04(1), Fla. Stat. . . .

SULLIVAN, v. STATE, 254 So. 3d 1144 (Fla. App. Ct. 2018)

. . . "); § 782.051(1) ("Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . .

STATE v. PURDY,, 252 So. 3d 723 (Fla. 2018)

. . . Those provisions, by their express terms, apply only to homicide offenses, which are defined in section 782.04 . . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . .

WALL, v. STATE, 251 So. 3d 1014 (Fla. App. Ct. 2018)

. . . deadly weapon is a first-degree felony reclassified as a life felony under sections 775.087(1)(a) and 782.04 . . .

PEOPLES, Jr. v. STATE, 251 So. 3d 291 (Fla. App. Ct. 2018)

. . . Compare § 782.04(1)(a), Fla. Stat. (2013) ("The unlawful killing of a human being[,] ... . . . killed or any human being ... is murder in the first degree and constitutes a capital felony[.]") with § 782.04 . . . Section 782.04(2), Florida Statutes, F.S.A. . . . See § 782.04(2) ; Roberts v. State, 425 So.2d 70, 71 (Fla. 2d DCA 1982). . . . life, although without any premediated design to effect the death of any particular individual." § 782.04 . . .

ELKIN, v. STATE, 249 So. 3d 1316 (Fla. App. Ct. 2018)

. . . His judgment reflects that he pleaded no contest to a violation of section 782.04(3), Florida Statutes . . . Section 775.082(3)(b)(2)(b) applies to defendants convicted of violations of section 782.04 which are . . . convicted of second-degree murder with no distinction between second-degree murder, a violation of section 782.04 . . . (2), and second-degree felony murder, a violation of section 782.04(3). . . .

ARMAS, v. STATE, 250 So. 3d 817 (Fla. App. Ct. 2018)

. . . . § 782.04, and the arson statute has two separate degrees. . . .

MORALES, v. STATE, 251 So. 3d 167 (Fla. App. Ct. 2018)

. . . (Crim.) 7.4; § 782.04(2), Fla. Stat. (2014). . . .

SANTOS, v. STATE, 254 So. 3d 437 (Fla. App. Ct. 2018)

. . . Appellant was convicted of first degree murder with a firearm under sections 775.087 and 782.04, Florida . . .

STATE v. KWITOWSKI, Jr., 250 So. 3d 210 (Fla. App. Ct. 2018)

. . . . § 782.04(1)(a), Fla. Stat. (2016). . . .

WILLIAMS, v. STATE, 244 So. 3d 1200 (Fla. App. Ct. 2018)

. . . design to effect the death of any particular individual.' " Perez , 187 So.3d at 1281-82 (quoting § 782.04 . . .

JACOBSON, v. STATE, 248 So. 3d 286 (Fla. App. Ct. 2018)

. . . State , 394 So.2d 544, 545 (Fla. 5th DCA 1981) ; § 782.04, Fla. Stat. (2013). . . .

STATE v. M. CHANTILOUPE,, 248 So. 3d 1191 (Fla. App. Ct. 2018)

. . . . § 782.04(1)(b) and Fla. R. of Crim. . . . (enacting § 782.04(1)(b), Fla. Stat. (2016) ). . . . Section 782.04(1)(b) appears to require the state file a timely notice of intent. . . . Again, our supreme court enacted this rule after the legislature codified section 782.04(1)(b). . . . Section 782.04(1)(b), Fla. . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . the trial court denied the 2012 motion, concluding that: The trial court utilized Florida Statutes 782.04 . . . conviction was a first degree felony punishable by life when interpreting Florida Statutes 775.0823 and 782.04 . . . First, section 782.04(2), Florida Statutes (2007), defines second degree murder and provides that the . . . 775.082, s. 775.083, or s. 775.084. (7) For attempted murder in the third degree as described in s. 782.04 . . . Section 775.0823(5) states "For attempted murder in the second degree as described in s. 782.04(2) and . . .

S. BROWN, v. STATE, 243 So. 3d 1037 (Fla. App. Ct. 2018)

. . . human life so as to support a conviction for attempted second-degree murder in violation of section 782.04 . . .

FEIMSTER, v. STATE, 239 So. 3d 1264 (Fla. App. Ct. 2018)

. . . See § 782.04(2), Fla. . . .

BYRD, v. STATE, 238 So. 3d 917 (Fla. App. Ct. 2018)

. . . . §§ 775.082(3)(b), 777.04(4)(c), 782.04(2), 775.087(1), Fla. Stat. (2011). . . .

D. WILLIAMS, v. STATE, 242 So. 3d 280 (Fla. 2018)

. . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . APPENDIX 6.2 ATTEMPTED MURDER-FIRST DEGREE (PREMEDITATED) §§ 782.04(1)(a) and 777.04, Fla. Stat. . . . Attempted First 782.04(1) and 6.2 Degree Premeditated 777.04 Murder Attempted Second 782.04, 777.04, . . . This instruction was adopted in 2018. 7.2 MURDER-FIRST DEGREE § 782.04(1)(a), Fla. Stat. . . . First Degree 782.04(1)(a) 7.2 Premeditated Murder Second Degree 782.04(2) and 7.4 and Murder-Reclassified . . . 782.065 7.13 Second Degree 782.04(2) 7.4 Murder Manslaughter 782.07 7.7 Second Degree 782.04(3) and . . .

RHAGNANAN, v. STATE, 232 So. 3d 524 (Fla. Dist. Ct. App. 2017)

. . . See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2017). . . .

L. RIVERA, v. STATE, 235 So. 3d 983 (Fla. Dist. Ct. App. 2017)

. . . Rivera was charged in an amended information pursuant to sections 782.04(1), 777.04, 775.087, 775.0823 . . .

NEWBHARD, v. STATE, 237 So. 3d 1075 (Fla. App. Ct. 2017)

. . . in relevant part: Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . 2012) (providing: "Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . See § 782.04(3)(d), Fla. Stat. (2012). . . .

L. BROWN, Jr. v. STATE, 235 So. 3d 971 (Fla. Dist. Ct. App. 2017)

. . . Because Brown was convicted under section 782.04(2), Florida Statutes (2013), of an offense that was . . .

WYCHE, v. STATE, 232 So. 3d 1117 (Fla. Dist. Ct. App. 2017)

. . . rule, an unborn child is not a human being within the meaning of Florida’s homicide statute, section 782.04 . . . Florida Legislature so as to allow Appellant’s second-degree murder conviction to stand under section 782.04 . . . Section 782.04(2), Florida Statutes (2013), defines second-degree murder as “[t]he unlawful killing of . . . common law immunity from prosecution for the pregnant woman was not abrogated by sections 390.001, 782.04 . . . Rule, an unborn child is not a human being within the meaning of Florida’s homicide statute, section 782.04 . . .

BECKMAN, v. STATE, 230 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . Stat. (2015); § 782.04(1)(a)1., Fla. Stat. (2015). . . .

PALM BEACH COUNTY SHERIFF S OFFICE L. In v. SUN- SENTINEL COMPANY, LLC,, 226 So. 3d 969 (Fla. Dist. Ct. App. 2017)

. . . information that reveals the personal identifying information of a witness to a murder, as described in s. 782.04 . . . public necessity that personal identifying information of a witness to a murder, as described in s. 782.04 . . . public necessity that the personal identifying information of a witness to a murder, as described in s. 782.04 . . . Section 782.04 is the homicide statute. . . . .

DEAN, v. STATE, 230 So. 3d 420 (Fla. 2017)

. . . person perpetrating or attempting to perpetrate such felony commits murder in the second degree .... ” § 782.04 . . . See § 782.04(3), Fla. Stat (2016). . . . . . § 782.04(3), Fla. Stat. (2004). . . . second-degree felony murder the defendant must have committed one of the felonies enumerated in section 782.04 . . .

CLARK, DOC v. STATE, 230 So. 3d 499 (Fla. Dist. Ct. App. 2017)

. . . See § 782.04(2), Fla. Stat. (Supp. 1996); § 777.04(4), Fla. Stat. (1996). . . .

COLLINS, v. STATE, 228 So. 3d 1160 (Fla. Dist. Ct. App. 2017)

. . . See §§ 775.087(1)(b), 777.04(4)(c), 782.04(2), Fla. Stat. (2007). . . .

PARKS, v. STATE, 223 So. 3d 380 (Fla. Dist. Ct. App. 2017)

. . . . §§ 782.04(2), 777.04(4)(c), 775.087(l)(b), Fla. Stat. (2010). . . .

REED, v. CLOUGH,, 694 F. App'x 716 (11th Cir. 2017)

. . . . § 782.04(1)(a)(1). . . . to believe that Reed attempted to kill Torres with his vehicle in violation of Florida Statutes §§ 782.04 . . .

CAYLOR, v. STATE v. L., 218 So. 3d 416 (Fla. 2017)

. . . first-degree murder (based on both premeditation and felony murder theories of the offense), see § 782.04 . . .

BUTNER, v. STATE, 217 So. 3d 1162 (Fla. Dist. Ct. App. 2017)

. . . Butner on count one, attempted second-degree murder, section 782.04, Florida Statutes (2012); on count . . .

CASTILLO, v. STATE, 217 So. 3d 1110 (Fla. Dist. Ct. App. 2017)

. . . by information with the second degree murder of Luis Rodriguez (“Rodriguez”) in violation of section 782.04 . . . Section 782.04(2) provides in part that "murder in the second degree ... constitutes a felony of the . . .

I. ERMINI, f k a I. v. SCOTT,, 249 F. Supp. 3d 1253 (M.D. Fla. 2017)

. . . . § 782.04, and- sought a search warrant to enter and search the house for evidence of that offense. . . .

WEATHERSPOON, v. STATE, 214 So. 3d 578 (Fla. 2017)

. . . GRAY, 654 So.2d 552 (Fla. 1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE . . . bodily harm was inflicted upon [each of the three victims], contrary to Florida Statutes 777.04(1) and 782.04 . . . information did cite the attempt statute, section 777.04(1), and the felony murder statute, section 782.04 . . . See § 782.04(1)(a) 2., Fla. Stat. (2016). . . . The crime of attempted premeditated murder is codified in section 782.04 (Murder), and section 777.04 . . .

OLIVER, v. STATE, 214 So. 3d 606 (Fla. 2017)

. . . Oliver was charged with two counts of first-degree murder, in violation of section 782.04(1)(a), Florida . . . See § 782.04(1)(a)(1), Fla. Stat. (2009). . . . See § 782.04(1)(a)(2)(e), Fla. Stat. (2009). . . .

ROBINSON, v. STATE, 215 So. 3d 1262 (Fla. Dist. Ct. App. 2017)

. . . attempted second-degree murder and possession of a firearm by a felon pursuant to sections 784.045, 782.04 . . . FRANK MA-BREY, in violation of Section 775.087, Florida Statutes, Section 784.045(1)(a)(2), and Section 782.04 . . . injury ... in violation of Section 775.087, Florida Statutes, Section 784.045(1)(a)(2), and Section 782.04 . . .

S. SIMMONS, v. STATE, 215 So. 3d 162 (Fla. Dist. Ct. App. 2017)

. . . second-degree murder is a first-degree felony punishable by a term of years up to life in prison, see § 782.04 . . .

RAMROOP, v. STATE, 214 So. 3d 657 (Fla. 2017)

. . . information with attempted first-degree murder of a law enforcement officer in violation of sections 782.04 . . . —Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced . . . (1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04 . . . (2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or . . . (Citing §§ 782.04(2), 777.04, Fla. Stat.). . . .

R. JACKSON, v. STATE, 213 So. 3d 754 (Fla. 2017)

. . . Id. at 620 (citing §§ 782.04(1)(a), 776.082(1), Fla. Stat. (2010)). . . .

D. V. a v. STATE, 216 So. 3d 3 (Fla. Dist. Ct. App. 2017)

. . . charged the child with three counts of solicitation to commit first degree murder, contrary to sections 782.04 . . .

STARKS, Jr. v. STATE, 223 So. 3d 1045 (Fla. Dist. Ct. App. 2017)

. . . of an unconscious and seated victim was “imminently dangerous” conduct within the meaning of section 782.04 . . . Determining Whether an Act is “Imminently Dangerous” Section 782.04(2) defines second-degree murder as . . . See § 782.04(2); Fla. Std. Jury Instr. (Crim.) 7.4; see also United States v. . . . See § 782.04(2). . . . See § 782.04(2); Pagan, 830 So.2d at 803 (citing Banks, 732 So.2d at 1067). C. . . .

SMITH, v. STATE v. L., 213 So. 3d 722 (Fla. 2017)

. . . First-degree murder is a capital felony, § 782.04(l)(a), Fla. Stat. (1995). . . .

E. WARDLOW, v. STATE, 212 So. 3d 1091 (Fla. Dist. Ct. App. 2017)

. . . See § 782.04(2), Fla. Stat. (2006). . . .

SMITH, v. STATE, 215 So. 3d 113 (Fla. Dist. Ct. App. 2017)

. . . Section 782.04(3), Florida Statutes, lists the offenses which may serve as an underlying felony in a . . . second-degree felony murder when a human being is killed as a result of a conspiracy to commit armed robbery. § 782.04 . . . Even if we did not find the plain text of section 782.04(3) controlling here, however, employing the . . .

D WILLIAMS, v. STATE, 211 So. 3d 1070 (Fla. Dist. Ct. App. 2017)

. . . who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 . . . did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 . . .

DUBOSE, v. STATE, 210 So. 3d 641 (Fla. 2017)

. . . See § 782.04(l)(a)2.e., Fla. Stat. (2006). . . .

WOOD, v. STATE, 209 So. 3d 1217 (Fla. 2017)

. . . See § 782.04, Fla. Stat. (2008). . . .

DAUGHERTY, v. STATE, 211 So. 3d 29 (Fla. 2017)

. . . ” felony murder crime, in that it may be based on any felony other than those enumerated in section 782.04 . . .

ASAY, v. STATE v. L. v. L., 210 So. 3d 1 (Fla. 2016)

. . . . § 782.04(l)(a) (2010). . . .

GUZMAN, v. STATE, 211 So. 3d 204 (Fla. Dist. Ct. App. 2016)

. . . limitations.”). .The 2004 information includes a caption as to Count 1, "MURDER 1st DEGREE/ATTEMPT 782.04 . . . being while engaged in the perpetration, or attempted perpetration, of a felony enumerated in section 782.04 . . .

WALTON, v. STATE, 208 So. 3d 60 (Fla. 2016)

. . . Compare § 782.04(2), Fla. . . . See § 782.04(2), Fla. Stat. (2008) (attempted second-degree murder); § 782.065(2), Fla. . . .

P. FRANKLIN, v. STATE, 209 So. 3d 1241 (Fla. 2016)

. . . .1999)); see also Dausch, 141 So.3d at 517 (outlining elements of first-degree premeditated murder); § 782.04 . . .

McCLOUD, v. STATE, 208 So. 3d 668 (Fla. 2016)

. . . . § 782.04(l)(a) 2, Fla. Stat, (2009). . . .

DORVIL, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 663 F. App'x 852 (11th Cir. 2016)

. . . . §§ 782.04(2), 775.087. . . .

PERRY, v. STATE, 210 So. 3d 630 (Fla. 2016)

. . . The most important changes made to the previously existing statutes appear in sections 775.082, 782.04 . . . Section 2 of the Act amends section 782.04(1) to create a notice requirement whereby prosecutors must . . . of only those aggravating factors of which it provided notice to the defendant pursuant to section 782.04 . . .

C. MARSHALL, v. DEPARTMENT OF CORRECTIONS,, 661 F. App'x 971 (11th Cir. 2016)

. . . subsequently charged Petitioner in an information with second-degree murder pursuant to Florida Statute § 782.04 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 200 So. 3d 758 (Fla. 2016)

. . . Chapter 2016-13, section 2, amended section 782.04, Florida Statutes (2015), to provide notice requirements . . .

HATTEN, v. STATE, 203 So. 3d 142 (Fla. 2016)

. . . .; § 782.04(2), Fla. Stat.; § 775.087(2)(a)l.a., Fla. Stat. . . .

PIERCE, v. STATE, 198 So. 3d 1051 (Fla. Dist. Ct. App. 2016)

. . . exists from which one could find that appellant acted with a depraved mind, as required under section 782.04 . . .

STATE v. JONES, v. v. v., 209 So. 3d 6 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(1)(a) (establishing first-degree murder as a capital offense), 775.082(1), 921.141(1), . . . by life imprisonment and shall be ineligible for parole. § 775.082(1) (emphasis added); see also § 782.04 . . . It likewise did not strike down section 782.04 or otherwise reduce first-degree murder to a noncapital . . .

PATTERSON, v. STATE, 197 So. 3d 1220 (Fla. Dist. Ct. App. 2016)

. . . See § 782.04(2), Fla. Stat. (1997). . . .

UNITED STATES v. HERNANDEZ- MONTES,, 831 F.3d 284 (5th Cir. 2016)

. . . Hernandez-Montes of “Attempted Second Degree Murder With A Weapon” in violation of Florida Statutes §§ 782.04 . . . Stat. § 782.04(2). . . . Stat. § 782.04(2) (2016). The current version was also in effect in 1995. . . . .

M. JACOBSON, v. PFIZER, INC., 618 F. App'x 509 (11th Cir. 2016)

. . . that Jacobson pled guilty to three counts of first degree murder, in violation of Florida Statutes § 782.04 . . . Stat. § 782.04(l)(a)(l) (providing that a person is guilty of first degree murder when he unlawfully . . .

WILDER, v. STATE, 194 So. 3d 1050 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(l)(a), (3)(a), Fla. Stat. . . . Stat. (2011) (possession of methamphetamine is a second-degree felony); 782.04(4), Fla. Stat. . . .

L. LANDRUM, v. STATE, 192 So. 3d 459 (Fla. 2016)

. . . Landrum was convicted of second-degree murder with a weapon in violation of sections 782.04(2) and 775.087 . . .

COLON, v. STATE, 199 So. 3d 960 (Fla. Dist. Ct. App. 2016)

. . . Sentence: 304.58 months Jail Credit: 1 day Case 11-4851 Second Degree Murder with a Firearm; §§ 782.04 . . . (2), 775.087; Life Felony Attempted Second Degree Murder with a Firearm; §§ 782.04(2), 777.04(1), 775.087 . . .

T. DEAN, v. STATE, 199 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . Appellant was charged with second-degree felony murder in violation of section 782.04(3)(e), Florida . . .

J. NELSON, III, v. STATE, 191 So. 3d 950 (Fla. Dist. Ct. App. 2016)

. . . prevented in the execution of said offense, contrary to Florida Statutes 777.04(1), 775.087(2) and 782.04 . . .

COLLINS, v. STATE, 189 So. 3d 342 (Fla. Dist. Ct. App. 2016)

. . . . § 782.04(2), Fla. Stat. (2005). . . .

PEREZ, v. STATE, 187 So. 3d 1279 (Fla. Dist. Ct. App. 2016)

. . . .” § 782.04(2), Fla. .Stat. (2013). . . .

ORTIZ, v. STATE, 188 So. 3d 113 (Fla. Dist. Ct. App. 2016)

. . . While it is true that first degree murder is a capital felony pursuant to section 782.04(1)(a), and that . . .

STATE v. PERRY, v., 192 So. 3d 70 (Fla. Dist. Ct. App. 2016)

. . . See § 782.04(1)(a), Fla. Stat. (2010). . . .

ROCKER, v. STATE, 187 So. 3d 910 (Fla. Dist. Ct. App. 2016)

. . . . § 782.04(2), Fla. Stat. (2003); § 777.04(4)(c), Fla. Stat. (2003). . . .

STATE v. THOMPSON,, 193 So. 3d 916 (Fla. Dist. Ct. App. 2016)

. . . See §§ 782.04(l)(a)(2)(h), 827.03(l)(a)(3), 2(a), Fla. Stat. (2013). . . .

JAMISON, v. STATE, 186 So. 3d 37 (Fla. Dist. Ct. App. 2016)

. . . . § 782.04(2), Fla. Stat. (2009). The State filed a notice of its intent to sentence Mr. . . .

SANDHAUS, v. STATE, 200 So. 3d 112 (Fla. Dist. Ct. App. 2016)

. . . .” § 782.04(2), Fla. Stat. (2011). . . .

CORDERA, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 636 F. App'x 552 (11th Cir. 2016)

. . . . §§ 782.04(1) and 775.087(1). . . .

HURST, v. FLORIDA., 136 S. Ct. 616 (U.S. 2016)

. . . . § 782.04(1)(a) (2010). . . .

UNITED STATES v. ARROYO, a. k. a., 636 F. App'x 989 (11th Cir. 2016)

. . . . §§ 784.05, 782.04, 777.04, 784.045; battery of a law enforcement officer, id. §§ 784.03(l)(a), 784.07 . . .

L. HARRIS, v. STATE, 182 So. 3d 859 (Fla. Dist. Ct. App. 2016)

. . . . <1995); see also §§ 782.04(2), 777.04(4)(c), For a first degree felony, the trial court can sentence . . .

C. HANF, v. STATE, 182 So. 3d 704 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2011)), and attempted first-degree murder (§§ 782.04(l)(a)l.; 777.04(4)(b), Fla. . . . Stat. (2011), includes: second-degree murder (§ 782.04(2), Fla. . . .

BROWN, v. STATE, 176 So. 3d 1013 (Fla. Dist. Ct. App. 2015)

. . . It further appears that the sentencing order contains a scrivener’s error in citing to section 782.04 . . .

WILLIAMS, v. STATE, 182 So. 3d 11 (Fla. Dist. Ct. App. 2015)

. . . statute provides that “[a]ny person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04 . . . felony murder,— (1) Any person who perpetrates, or attempts to perpetrate any felony enumerated in s. 782.04 . . . The attempted armed robbery charged in count 2 is a felony enumerated in section 782.04(3), and the later . . .

BUSSEY, v. STATE, 184 So. 3d 1138 (Fla. Dist. Ct. App. 2015)

. . . See § 782.04(1)(a)(2)(d), Fla. Stat. (2011). . . .

D. LEWIS, v. STATE, 177 So. 3d 64 (Fla. Dist. Ct. App. 2015)

. . . and during the commission of the offense actually possessed a firearm, .contrary to Florida Statute 782.04 . . .

JORDAN, v. STATE, 176 So. 3d 920 (Fla. 2015)

. . . Felony murder is defined in section 782.04(l)(a)2.d., Florida Statutes (2008), which states: [T]he unlawful . . .

BARNES, v. STATE, 175 So. 3d 380 (Fla. Dist. Ct. App. 2015)

. . . Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 . . .