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HOMICIDE

•  The use of deadly force is justifiable when

1. a person is resisting any attempt to murder such person or
2. to commit any felony upon him/her or
3. upon him/her or in any dwelling house the person needs

•  A homicide is liable to be excused if committed

1. by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or
2. by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
3. upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

MURDER

MURDER IN FIRST DEGREE

As per the criminal law of the state a unlawful killing of a human being amounts to murder when committed:

•  from a premeditated design to effect the death; or

•  by a person engaged in the perpetration of, or in the attempt to perpetrate:

a. Trafficking offense,

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 disabled adult,

j. Aircraft piracy,

k. Unlawful throwing, placing, or discharging of a destructive device or bomb,

l. Car-jacking,

m. Home-invasion robbery,

n. Aggravated stalking,

o. Murder of another human being,

p. Resisting an officer with violence to his or her person,

q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or

•  a death of a person resulted from

1. the use of unlawfully distributed controlled substance such as cocaine or opium or any synthetic or natural salt, compound, derivative, or
2. preparation of opium by a person 18 years of age or older,

is murder in the first degree and constitutes a capital felony.

MURDER IN SECOND DEGREE

•  The murder in second degree may result if:

•  There is unlawful killing of a human being,

•  perpetrated by any act imminently dangerous to another and

•  evincing a depraved mind regardless of human life,

•  may without any premeditated design to effect the death of any particular individual

•  It constitutes a felony of the first degree.

•  when a person is killed in the perpetration of, or in the attempt to perpetrate, any:

(a) Prohibited trafficking offenses

(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 disabled adult,

(j) Aircraft piracy,

(k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

(l) Carjacking,

(m) Home-invasion robbery,

(n) Aggravated stalking,

(o) Murder of another human being,

(p) Resisting an officer with violence to his or her person, or

(q) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

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.

•  It constitutes a felony of the first degree.

MURDER IN THIRD DEGREE

•  A murder in third degree occurs when

• There is an 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 the followings:

  (a) Prohibited Trafficking offense

  (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 disabled adult,

  (j) Aircraft piracy,

  (k) Unlawful throwing, placing, or discharging of a destructive device or bomb,

  (l) Unlawful distribution of any controlled substance such as cocaine as 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,

  (o) Aggravated stalking,

  (p) Murder of another human being,

  (q) Resisting an officer with violence to his or her person, or

  (r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,

•  It constitutes a felony of the second degree.

MANSLAUGHTER

•  Manslaughter means

•  the killing of a human being,

•  procurement, or culpable negligence of another,

•  without lawful justification and

•  in cases in which such killing shall not be excusable homicide or murder,

•  This crime is a felony of the second degree.

•  A person who causes the death of by culpable negligence of

1. any elderly person or
2. disabled adult or
3. any person under the age of 18

or

1. of an officer as defined in s. 943.10(14)
2. a firefighter as defined in s. 112.191
3. medical technician as defined in s. 401.23
4. a paramedic as defined in s. 401.23 while such person is performing duties that are within the course of his or her employment,

commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree .

VEHICULAR HOMICIDE

A vehicular homicide takes place where there is

1. the killing of a human being, or
2. the killing of a viable fetus by any injury to the mother,
3. caused 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.

•  This offence is a felony of the second degree,

•  It may be the felony of the first degree if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. the person failed to give information and render aid

•  For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures. A right of action for civil damages shall also exist.

VESSEL HOMICIDE

•  Vessel is synonymous with boat and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

•  "Vessel homicide" is

the killing of a human being by the operation of a vessel by another in a reckless manner likely to cause the death of, or great bodily harm to, another.

•  Vessel homicide is a felony of the second degree.

•  It may be a felony of the first degree if:

1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. the person failed to give information and render aid.

Assisting self-murder

•  A person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter,

•  A felony of the second degree,

•  "Deliberately assisting" means carrying out a public act that is intended to:

1. Aid, abet, facilitate, permit, advocate, or encourage;
2. Publicize, promote, advertise, operate, stage, schedule, or conduct;
3. Provide or secure a venue, transportation, or security; or
4. Result in the collection of an admission or fee.

•  Killing of unborn child by injury to mother

•  The willful killing of an unborn quick child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother,

•  He shall be guilty of manslaughter and a felony of the second degree

Unnecessary killing to prevent unlawful act

•  Whoever shall unnecessarily kill another, either

1. while resisting an attempt by such other person to commit any felony, or
2. to do any other unlawful act, or after such attempt shall have failed,

•  He shall be deemed guilty of manslaughter

•  A felony of the second degree.

PENALTY

•  All the offences under the head homicide is punishable as provided in s. 775.082, s. 775.083, or s. 775.084 depending upon their degree and nature.

•  A person who has been convicted of a capital felony shall be punished by death

•  if the proceeding held to determine sentence as per the procedure results in findings by the court that such person shall be punished by death.

•  otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

•  For a life felony committed prior to October 1, 1983, by a term of imprisonment for life or for a term of years not less than 30.

•  For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.

•  For a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.

•  For a felony of the first degree , by a term of imprisonment not exceeding 30 years or by imprisonment for a term of years not exceeding life imprisonment.

•  For a felony of the second degree , by a term of imprisonment not exceeding 15 years .

•  For a felony of the third degree , by a term of imprisonment not exceeding 5 years .

•  A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment.

•  $15,000, when the conviction is of a life felony.

•  $10,000, when the conviction is of a felony of the first or second degree.

•  $5,000, when the conviction is of a felony of the third degree.

•  A habitual felony offender may be punished with imprisonment for a longer term and may not be given release.