Felony murder rule (Florida)

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In the state of Florida, the common law felony murder rule has been codified in Florida Statutes § 782.04.[1]

First degree murder[edit]

The predicate felonies that will support a charge of first degree murder under the statute are:[2][3]

Second degree murder[edit]

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.[4]

Attempted felony murder[edit]

Florida also recognizes the offense of attempted felony murder, codified in F.S. § 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.[5]


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.[6][7]

If a person commits 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.[8][7]

See also[edit]


  1. ^ McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research.
  2. ^ The Florida Statutes. Official Internet Site of the Florida Legislature.
  3. ^ "FL statutes for murder". FL Senate.
  4. ^ The Florida Statutes.
  5. ^ McCarthy.
  6. ^ The Florida Statutes.
  7. ^ a b "FL sentencing guidelines". FL Senate.
  8. ^ The Florida Statutes.

External links[edit]