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Florida Criminal Offense

Murder and Felony Murder

Unlawful killing under Florida's premeditated, felony-murder, and listed drug-distribution murder provisions.

VariesVaries

Florida Statute

§ 782.04

Murder

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 14, 2026

Quick Summary

Select the precise murder theory and document causation, identity, mental state, and every fact required by the applicable felony-murder or drug-distribution track.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

First-Degree Murder Tracks

F.S. § 782.04(1)

FelonyCapital

Premeditated murder, specified felony-murder tracks, and listed drug-distribution murder tracks classified by subsection (1).

Second-Degree Murder Tracks

F.S. § 782.04(2)-(3)

FelonyFirst Degree

Unlawful killing by an imminently dangerous act showing a depraved mind and specified participant felony-murder tracks.

Third-Degree Felony Murder

F.S. § 782.04(4)

FelonySecond Degree

Unlawful killing during an applicable non-enumerated felony under subsection (4).

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    All required

    The victim is dead and the defendant's conduct or legally attributable participation caused the death under the charged theory.

    Plain language: Prove death, identity, and causation.

  2. Element 2
    OR — Alternative

    One charged murder theory

    The State proved one selected statutory theory: premeditated killing; killing during an enumerated felony by the defendant or another participant; or an applicable listed drug-distribution death, including every theory-specific fact.

    Plain language: Use the exact charged theory and matching jury instruction.

Jury Instructions

Instruction 7.2

Murder — First Degree

Florida Standard Jury Instruction for first-degree premeditated murder under F.S. § 782.04(1)(a).

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.3

Felony Murder — First Degree

Florida Standard Jury Instruction for first-degree felony murder under F.S. § 782.04(1)(a).

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.3(a)

Unlawful Distribution of Enumerated Controlled Substance by a Person 18 or Older Causing Death

Use for the applicable adult drug-distribution murder track under F.S. § 782.04.

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.3(b)

Unlawful Distribution of Enumerated Controlled Substance by a Person Under 18 Causing Death

Use for the applicable juvenile drug-distribution homicide track under F.S. § 782.04.

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.4

Murder — Second Degree

Florida Standard Jury Instruction for second-degree murder under F.S. § 782.04(2).

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.5

Felony Murder — Second Degree

Florida Standard Jury Instruction for second-degree felony murder under F.S. § 782.04(3).

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.6

Felony Murder — Third Degree

Florida Standard Jury Instruction for third-degree felony murder under F.S. § 782.04(4).

View Official Instruction

Verified against the official instruction source: September 14, 2026

Instruction 7.1

Introduction to Homicide

Chapter 7 introductory homicide instruction, used as directed with the applicable homicide instruction.

View Official Instruction

Verified against the official instruction source: September 14, 2026

Additional Notes

Select One Legal Theory

Premeditated murder, felony murder by the killer, felony murder by another participant, and drug-distribution murder have different elements and instructions. This page is an overview; use the exact charging theory and current instruction.