Murder and Felony Murder
Unlawful killing under Florida's premeditated, felony-murder, and listed drug-distribution murder provisions.
Florida Statute
§ 782.04
Murder
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)
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)
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)
Unlawful killing during an applicable non-enumerated felony under subsection (4).
Elements of the Offense
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.
- Element 1AND — 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.
- Element 2OR — 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
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 InstructionVerified 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 InstructionVerified 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 InstructionAdditional Notes
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.