In the state of Florida

Florida

Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, the common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 felony murder rule has been codified in Florida Revised Statutes § 782.04.

First degree murder

The predicate felonies that will support a charge of first degree murder under the statute are:

• Drug trafficking
• Arson
• Sexual battery
• Robbery or home invasion robbery
• Burglary
• Kidnapping
• Escape
• Aggravated abuse of a child, elderly person, or disabled adult
• Aircraft piracy
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Carjacking
• Aggravated stalking
• Murder
• Resisting an officer with violence to his or her person
• Felonious acts of terrorism or in furtherance of an act of terrorism
• Distribution of some controlled substances like cocaine and opium

Second degree murder

The statute also punishes as second degree murder the killing of another human being during the commission of a felony that is imminently dangerous to human life. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder.

Attempted felony murder

Florida also recognizes the offense of attempted

Attempt

Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....

felony murder, codified in FRS § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies.

Penalties

If a person committing a predicate felony directly contributed to the death of the victim then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life in prison and the death penalty.

If a person committing a predicate felony, but was not the direct contributor to the death of the victim then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life.

External links

• Text of the statute from the Florida Legislature