Here is the jury instruction the jury will receive on 2nd Degree Murder: 7.4 MURDER—SECOND DEGREE § 782.04(2), Fla.Stat. To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: 1. (Victim) is dead. 2. The death was caused by the criminal act of (defendant). 3. There was an unlawful killing of (victim) by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. Definitions. An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose. An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that: 1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and 2. is done from ill will, hatred, spite, or an evil intent, and 3. is of such a nature that the act itself indicates an indifference to human life. In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death. Lesser Included Offenses SECOND DEGREE (DEPRAVED MIND) MURDER — 782.04(2) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Manslaughter 782.07 7.7 Third degree (felony) murder 782.04(4) 7.6 Vehicular homicide 782.071 7.9 (Nonhomicide lessers) Attempt 777.04(1) 5.1 Culpable negligence 784.05(2) 8.9 Culpable negligence 784.05(1) 8.9 Felony battery 784.041 8.5 Aggravated battery 784.045 8.4 Aggravated assault 784.021 8.2 Battery 784.03 8.3 Assault 784.011 8.1 Comment This instruction was adopted in 1981 and amended in 1997 [697 So. 2d 84] and 2008 [994 So. 2d 1038].
Posted on: Tue, 09 Jul 2013 03:58:04 +0000
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