s. 782.04 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 782.051

Murder.

CHAPTER 782

HOMICIDE

782.04 782.051 782.07

Felony causing bodily injury.

782.071 782.072

Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggra­vated manslaughter of a child.

Vehicular homicide. Vessel homicide.

1782.04 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; or

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 dis-

abled adult, j. Aircraft piracy, k. Unlawful throwing, placing, or discharging of a

destructive device or bomb, I. Carjacking, m. Home-invasion robbery, n. Aggravated stalking, or 3. Which resulted from the unlawful distribution of

any substance controlled under s. 893.03(1 ), cocaine as described in s. 893.03(2)(a)4 .. or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

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.

(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 person is killed 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 dis-

abled adult, Ul Aircraft piracy, (k) Unlawful throwing, placing, or discharging of a

destructive device or bomb, (I) Carjacking, (m) Home-invasion robbery, or (n) Aggravated stalking,

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 is guilty of 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, ors. 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 bys. 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 dis-

abled adult, Ul Aircraft piracy, (k) Unlawful throwing, placing, or discharging of a

destructive device or bomb, (I) Unlawful distribution of any substance controlled

under s. 893.03(1 ), cocaine as described in s. 893.03(2)(a)4 .. or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a per­son 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,

(m) Carjacking, (n) Home-invasion robbery, or (o) Aggravated stalking,

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.

Hiatory.-s. 2. ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 3470, 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. 75-29B; 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. 1B, ch. 96-322.

1Note.-Section 23, ch. 95-195, provides for applicability to oHenses committed on or after July 1, 1995.

782.051 Felony causing bodily injury.-(1) Any person who perpetrates or attempts to per­

petrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits 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.

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s. 782.051 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 8. 784.035

775.084, which is an offense ranked in level 9 of the sen­tencing guidelines. Victim injury points shall be scored under this subsection.

(2) Any person who perpetrates or attempts to per­petrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the sentencing guidelines. Victim injury points shall be scored under this subsection.

(3) 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, the person perpetrating or attempting to perpetrate such felony commits a felony of the sec­ond degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the sentencing guidelines. Victim injury points shall be scored under this subsection.

History.- s. 1, ch. 96-359.

782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated man­slaughter of a child.-

(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 chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084 .

(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) commits aggravated manslaughter of a child , a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hialory.- RS 2384; GS 3209: RGS 5039; CGL 7141; S. 71 5, en. 71-130; s. 180, ch. 73- 333; s. 15, ch. 74-383: s. 6, ch. 75-298; s. 12, ch. 95-322.

782.071 Vehicular homicide.-"Vehicular homicide" is the killing of a human being 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. Vehicular homicide is:

(1) A felony of the third degree, punishable as pro­vided in s. 775.082, s. 775.083, or s. 775.084.

(2) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1f:

(a) At the time of the accident, the person knew, or should have known, that the accident occurred; and

(b) The person failed to give information and render aid as required bys. 316.062.

782.072 Vessel homicide.-"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 third degree, punishable as pro­vided in s. 775.082, s. 775.083, or s. 775.084.

(2) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(a) Al the time of the accident, the person knew, or should have known, that the accident occurred; and

(b) The person failed to give information and render aid as required by s. 327.30(1 ).

This subsection does not require that the person knew that the accident resulted in injury or death.

Hlatory.- s. 1, ch. 87- 20: s . 15, ch. 96-330.

CHAPTER 784

ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 784.035

784.07

784.075

784.081

784.082

Battery; felony battery. Battery as domestic violence; enhanced pen­

alty. Assault or battery of law enforcement officers,

firefighters, emergency medical care pro­vide rs, or other specified officers; reclassification of offenses; minimum sen­tences.

Battery on detention or commitment facility staff.

Assault or battery on specified officials or employees; reclassification of offenses.

Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses.

784.03 Battery; felony battery.-(1 )(a) The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes

another person against the will of the other; or 2. Intentionally causes bodily harm to another per-

son. (b) Except as provided in subsection (2) , a person

who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has two prior convictions for bat­tery who commits a third or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.

Hlatory.-s . 5, Feb. 10, 1B32; RS 2401: s . 1. ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2. ch. 70-88; s . 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 9 1- 224; s. 5, ch. 95-392.

This subsection does not require that the person knew that the accident resulted in injury or death. 784.035 Battery as domestic violence; enhanced

Hiotory.-s. 16, ch. 74- 383: s . 6. ch. 75-298; s . 12, ch. 86- 296; s . 14, ch. 96- 330. penalty.-[Repealed by s. 6, ch. 96-392.]

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