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Florida Statute 782.02 | Lawyer Caselaw & Research
F.S. 782.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 782.02

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.02
782.02 Justifiable use of deadly force.The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
History.ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.

F.S. 782.02 on Google Scholar

F.S. 782.02 on Casetext

Amendments to 782.02


Arrestable Offenses / Crimes under Fla. Stat. 782.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 782.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 908 (Fla. 2018)

. . . Both Chapter 776 and § Section 782.02, Fla. . . . Stat., and many statutes within Chapter 776 address the justifiable use of deadly force , however, § 782.02 . . . Give if applicable. § 782.02, Fla. Stat. . . .

ARTEAGA, DOC v. STATE, 246 So. 3d 533 (Fla. App. Ct. 2018)

. . . the justifiable and excusable homicide instruction to be read for manslaughter charges); see also §§ 782.02 . . .

M. PILEGGI, v. STATE, 232 So. 3d 415 (Fla. Dist. Ct. App. 2017)

. . . commit any felony upon him or her or upon or in any dwelling house in which such person' shall be. § 782.02 . . . and in doing só, “implicitly” replaced and repealed section 782.02. . . . Specifically, the State argues that section ■ 782.02 is “positively repugnant” with the Stand Your Ground . . . law because section 782.02 does not contain the adjective “imminent” when referencing the threat to . . . Section 782.02, in turn, echoes the reasonableness element of Stand Your Ground Law by providing that . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . . § 782.02—Fla, Stafe Excusable Homicide: The killing of a human being-is-excusabh^ and-tbercforc lawful . . .

MARTY, v. STATE, 210 So. 3d 121 (Fla. Dist. Ct. App. 2016)

. . . Compare §§ 776.012(2), .031(2), 782.02, with §§ 776.012(1), .031(1). . . . Valenzuela would commit a forcible felony against him or his property, see §§ 776.012(2), .031(2), 782.02 . . .

UNITED STATES v. MENDOZA- PADILLA, AKA AKA, 833 F.3d 1156 (9th Cir. 2016)

. . . . § 782.02. . . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 191 So. 3d 411 (Fla. 2016)

. . . Both Chapter 776 and § 782.02, Fla. Stat., address the justifiable use of deadly force. . . . . ■§ 782.02, Fla. Stat. . . .

COALITION FOR SECULAR GOVERNMENT, a v. WILLIAMS,, 815 F.3d 1267 (10th Cir. 2016)

. . . By that time, the anti-annexation residents had received $782.02 in nonmonetary contributions. . . .

JUSTICE, Jr. O v. HOSEMANN, M. III,, 771 F.3d 285 (5th Cir. 2014)

. . . Buescher, for instance, Colorado plaintiffs alleged that they spent $782.02 to oppose a petition that . . .

CAMPBELL, v. STATE, 143 So. 3d 992 (Fla. Dist. Ct. App. 2014)

. . . Specifically, the trial court instructed the jury, in relevant part, as follows: JUSTIFIABLE HOMICIDE F.S. 782.02 . . .

WORLEY, v. FLORIDA SECRETARY OF STATE, L., 717 F.3d 1238 (11th Cir. 2013)

. . . Sampson, where the Tenth Circuit found that similar PAC requirements imposed on a group that raised just $782.02 . . . individuals who reported “non-monetary contributions (signs, a banner, postcards, and postage) totaling $782.02 . . .

LEWIS, v. CENTRAL STATES, SOUTHEAST SOUTHWEST AREAS PENSION FUND, 484 F. App'x 7 (6th Cir. 2012)

. . . -June July-Sept. 1976 782.02 1,268.68 1977 764.50 1.106.90 4.008.61 4.908.71 . . . .

MANY CULTURES, ONE MESSAGE, v. CLEMENTS,, 830 F. Supp. 2d 1111 (W.D. Wash. 2011)

. . . “It would take a mighty effort to characterize the [plaintiffs’] expenditure of $782.02,” the Tenth Circuit . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . . § 782.02, Fla. Stat. . . .

G. HATCHETT, v. BARLAND, a a a a A., 816 F. Supp. 2d 583 (E.D. Wis. 2011)

. . . short, Sampson found a poor relationship between any informational interest and the expenditure of $782.02 . . .

ODEH, v. STATE, 82 So. 3d 915 (Fla. Dist. Ct. App. 2011)

. . . Florida Standard Jury Instruction (Crim.) 3.6(f), Justifiable Use of Deadly Force, in which section 782.02 . . . In instructing the jury on the justifiable use of deadly force under Section 782.02, the first alternative . . .

SAMPSON v. BUESCHER, NYU, 625 F.3d 1247 (10th Cir. 2010)

. . . July 13, 2006, showed nonmonetary contributions (signs, a banner, postcards, and postage) totaling $782.02 . . . It would take a mighty effort to characterize the No Annexation committee’s expenditure of $782.02 for . . . would expect, as was the case here, that an attorney’s fee would be comparable to, if not exceed, the $782.02 . . . In addition to the $782.02 in in-kind contributions reported on July 13, 2006, the committee received . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . . § 782.02, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 27 So. 3d 640 (Fla. 2010)

. . . . § 782.02, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 976 So. 2d 1081 (Fla. 2008)

. . . . § 782.02, Fla. Stat. . . .

FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION, INC. v. MARSHALL, 943 So. 2d 976 (Fla. Dist. Ct. App. 2006)

. . . Stat. (2003), and justifiable homicide, see § 782.02; Fla. Std. Jury Instr. . . .

MURRAY, v. STATE, 937 So. 2d 277 (Fla. Dist. Ct. App. 2006)

. . . Court: For 782.02, if I tell the Jury that he was trying to prevent an attempt to commit aggravated battery . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES NO., 930 So. 2d 612 (Fla. 2006)

. . . subpart 3 in the portion of the instruction dealing with claims of self-defense predicated on section 782.02 . . . Give if applicable. § 782.02, Fla. Stat. . . .

PENA, v. STATE, 901 So. 2d 781 (Fla. 2005)

. . . concur. .The Florida Standard Jury Instructions in Criminal Cases provides: Justifiable Homicide § 782.02 . . .

PENA, v. STATE, 829 So. 2d 289 (Fla. Dist. Ct. App. 2002)

. . . .§ 782.02, Fla. Stat. . . .

DIAS, v. STATE, 812 So. 2d 487 (Fla. Dist. Ct. App. 2002)

. . . He relies on both section 782.02, Florida Statutes (1997), and the “castle doctrine.” . . . Section 782.02 provides “[t]he use of deadly force is justifiable when a person is resisting any attempt . . .

M. QUAGGIN, v. STATE, 752 So. 2d 19 (Fla. Dist. Ct. App. 2000)

. . . .” § 782.02, Fla. Stat. (1997). . . .

HALL, v. STATE, 677 So. 2d 1353 (Fla. Dist. Ct. App. 1996)

. . . See also §§ 782.02, 782.03, Fla. Stat. (1993). . . .

STATE v. M. ASHLEY,, 670 So. 2d 1087 (Fla. Dist. Ct. App. 1996)

. . . intended to hurt the baby); and 2. which act was not: a. justifiable homicide under either section 782.02 . . .

CONGLETON, C. v. SANSOM, I., 664 So. 2d 276 (Fla. Dist. Ct. App. 1995)

. . . .” § 782.02, Fla.Stat. (1993). . . .

STATE v. WHITE,, 642 So. 2d 842 (Fla. Dist. Ct. App. 1994)

. . . . § 782.02, Fla.Stat. However, that is a defense to a charge. . . .

J. CHILLEMI K. v. E. RORABECK, 629 So. 2d 206 (Fla. Dist. Ct. App. 1993)

. . . Sellers appeal a final judgment of $314,-782.02 entered after a summary judgment on liability and a hearing . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . JUSTIFIABLE HOMICIDE F.S. 782.02 The killing of a human being is justifiable homicide and lawful if necessarily . . .

CARPENTIER, v. STATE, 587 So. 2d 1355 (Fla. Dist. Ct. App. 1991)

. . . kill a law enforcement officer that would amount only to manslaughter or would be excused by sections 782.02 . . .

HERMANSON v. STATE, 570 So. 2d 322 (Fla. Dist. Ct. App. 1990)

. . . justifiable use of deadly force to resist murder or commission of a felony upon a person or in a dwelling (782.02 . . .

THOMPSON, v. STATE, 552 So. 2d 264 (Fla. Dist. Ct. App. 1989)

. . . Section 782.02, Florida Statutes (1987), provides: “The use of deadly force is justifiable when a person . . .

SEGARS, v. STATE, 537 So. 2d 1052 (Fla. Dist. Ct. App. 1989)

. . . . §§ 782.02—.03, Fla.Stat. (1985). . . .

GARCIA, v. STATE, 535 So. 2d 290 (Fla. Dist. Ct. App. 1988)

. . . ." § 782.02, Fla.Stat. (1985). . . . .

CHESTNUT, v. STATE, 516 So. 2d 1144 (Fla. Dist. Ct. App. 1987)

. . . ." §§ 776.012, 776.031, 782.02, Fla.Stat. (1985); Falco v. State, 407 So.2d 203 (Fla.1981). . . .

COTE, v. JOWERS,, 515 So. 2d 339 (Fla. Dist. Ct. App. 1987)

. . . The Florida Statute 782.02 states, the killing of a human being is justifiable homicide and lawful if . . . I also think that that part of the jury instruction which refers to section 782.02, Florida Statutes . . . attempt shall have failed, shall be deemed guilty of manslaughter ...” limits the scope of section 782.02 . . . by the person slain, may be deemed manslaughter, where a plea of justifiable homicide under [section 782.02 . . . the trial court’s statement of the law of justifiable use of deadly force, as it appears in section 782.02 . . .

BAKER, v. STATE, 506 So. 2d 1056 (Fla. Dist. Ct. App. 1987)

. . . Section 782.02, Florida Statutes (1985), provides: "The use of deadly force is justifiable when a person . . .

IN RE THE MATTER OF KEITH A. ROZIER, 17 Fla. Supp. 2d 52 (Orange Cty. Ct. 1986)

. . . Section 782.02 (1975) or Chapter 776 of the Florida Statutes, or it is not excusable under Fla. . . . All of Chapter 776 and Section 782.02, Florida Statutes, address justifiable uses of force. . . .

THE FLORIDA BAR STANDARD JURY INSTRUCTIONS CRIMINAL CASES, 477 So. 2d 985 (Fla. 1985)

. . . 5 3.04 (d) JUSTIFIABLE USE OF DEADLY FORCE Not* to Judge Read in all cases Give if applicable F.S. 782.02 . . .

A. TERRY, v. STATE, 467 So. 2d 761 (Fla. Dist. Ct. App. 1985)

. . . person that danger was imminent and that there was a real necessity for the taking of life); see also § 782.02 . . .

DUNN, v. STATE, 454 So. 2d 641 (Fla. Dist. Ct. App. 1984)

. . . Because the shooting or even killing of another person may be justifiable (see § 782.02 and ch. 776, . . .

BROWN, Jr. v. STATE, 454 So. 2d 596 (Fla. Dist. Ct. App. 1984)

. . . Florida Statute § 782.02 (1981) provides: Justifiable use of deadly force. . . . The justifiable homicide statute, section 782.02, Florida Statutes (1981), is declaratory of the common . . .

ALEXANDER, v. STATE, 450 So. 2d 1212 (Fla. Dist. Ct. App. 1984)

. . . Sections 776.012 and .031, and 782.02, Florida Statutes, reinforce this view by making it lawful to use . . .

AIKEN, v. STATE, 425 So. 2d 641 (Fla. Dist. Ct. App. 1983)

. . . Sk * 5j« # % It is clear from reading the provisions of Section 782.02, - justifiable • homicide, and . . .

D. COBB, v. L. WAINWRIGHT,, 666 F.2d 966 (5th Cir. 1982)

. . . . § 782.02 (1975) or Chapter 776 of the Florida statutes, or is not excusable under Fla.Stat. § 782.03 . . . 782.11 (1975), the jury had to determine that the homicide was neither justifiable under Fla.Stat. §§ 782.02 . . . deadly force to resist an attempt to take his life or to commit a felony upon his person, Fla.Stat. § 782.02 . . . Fla.Stat. § 782.02 (1975) provides that “[t]he use of deadly force is justifiable' when a person is resisting . . .

FALCO, v. STATE, 407 So. 2d 203 (Fla. 1981)

. . . provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 . . . Section 782.02, entitled “Justifiable use of deadly force” states: The use of deadly force is justifiable . . . the presence of a person to justify the use of deadly force in defense of his dwelling, (see section 782.02 . . . Therefore, in light of section 782.02 and the castle doctrine, and our construction of section 776.031 . . .

McCAULEY, v. STATE, 405 So. 2d 1350 (Fla. Dist. Ct. App. 1981)

. . . See also §§ 776.012, 782.02, Fla.Stat. (1979). . . . .

STATE v. BOBBITT,, 389 So. 2d 1094 (Fla. Dist. Ct. App. 1980)

. . . See § 782.02, Fla.Stat. (1977); Hedges, supra; State v. . . .

D. COBB, v. STATE, 376 So. 2d 230 (Fla. 1979)

. . . provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 . . .

STATE v. BRAYMAN, 49 Fla. Supp. 1 (Broward Cty. Ct. 1979)

. . . Court of Florida, in citing the ConnaEy and Brock language, held that the wording of Florida Statute 782.02 . . .

JONES, a k a v. STATE, 356 So. 2d 4 (Fla. Dist. Ct. App. 1977)

. . . Section 782.02, Florida Statutes (1975). . . .

C. BARNES, v. STATE, 348 So. 2d 599 (Fla. Dist. Ct. App. 1977)

. . . Section 782.02, Florida Statutes (1975). The error complained of is in three occurrences at trial. . . .

MATTIS, MD. v. R. SCHNARR, v. C. DANFORTH,, 404 F. Supp. 643 (E.D. Mo. 1975)

. . . . § 782.02 (1965) Georgia: Code of Ga. § 26-901 (1971) Hawaii: Hawaii Rev.Stat. . . .

STATE v. WADE,, 305 So. 2d 851 (Fla. Dist. Ct. App. 1974)

. . . then was that of an aggressor, and the resultant killing would not be a justifiable homicide under § 782.02 . . .

C. FORD, v. STATE, 292 So. 2d 390 (Fla. Dist. Ct. App. 1974)

. . . The court properly charged the jury on the degrees of homicide, and on justifiable homicide (§ 782.02 . . .

HANCOCK, v. STATE, 276 So. 2d 223 (Fla. Dist. Ct. App. 1973)

. . . felonious assault than he would occupy had he killed the aggressor, as he is permitted to do by Section 782.02 . . .

McKINNEY, v. STATE, 260 So. 2d 239 (Fla. Dist. Ct. App. 1972)

. . . See § 782.02 (2) (b) Fla.Stat., F.S.A. . . .

STINSON, v. STATE, 245 So. 2d 688 (Fla. Dist. Ct. App. 1971)

. . . The defense of one’s relatives or one’s self is not the only circumstance for invoking Section 782.02 . . . Appellant has italicized the portions of Section 782.02 which were omitted from the court’s charge and . . . commit any felony upon him [appellant]”, circumstances delineated in subsection (2) (a) of Section 782.02 . . .

WHITEHEAD, v. STATE, 245 So. 2d 94 (Fla. Dist. Ct. App. 1971)

. . . of the categories of “excusable homicide” or was “justifiable homicide” within the provisions of § 782.02 . . . Now “justifiable homicide” is defined by F.S.1969, § 782.02, F.S.A., as follows: “1. . . . crimes embraced within the crime charged or germane to the defense, the provisions of paragraph (1) of § 782.02 . . . was some evidence, the court should have completely defined “justifiable homicide” as provided in § 782.02 . . .

A. FRANK, v. STATE, 237 So. 2d 823 (Fla. Dist. Ct. App. 1970)

. . . was sufficient to require the trial court to instruct the jury as to the provision found in Section 782.02 . . .

ROSS, v. L. WAINWRIGHT,, 224 So. 2d 779 (Fla. Dist. Ct. App. 1969)

. . . See Section 782.02(2) (b), Florida Statutes, F.S.A. . . .

E. WEAVER, v. STATE, 220 So. 2d 53 (Fla. Dist. Ct. App. 1969)

. . . The basis for such an instruction is found in § 782.02(2)(a), F.S.A., which section defines justifiable . . .

BAGLEY, v. STATE, 119 So. 2d 400 (Fla. Dist. Ct. App. 1960)

. . . Section 782.02, Florida Statutes, 1957, F.S.A., defines justifiable homicide and provides, among other . . . in his charge on justifiable homicide failed to charge as to that portion of paragraph 2 of Section 782.02 . . . The given charge wholly ignored that part of subsec. 2 of Section 782.02, Florida Statutes, F.S.A., relative . . .

HARRIS, v. STATE, 104 So. 2d 739 (Fla. Dist. Ct. App. 1958)

. . . Section 782.02, F.S.A., provides: “Homicide is justifiable when committed by any person in either of . . .

H. TIPTON Jr. v. STATE, 97 So. 2d 277 (Fla. 1957)

. . . It is clear from reading the provisions of Section 782.02, justifiable homicide, and Section 782.03, . . .

ALFRED SNIPES, ALFORD SNIPES v. STATE OF FLORIDA, 156 Fla. 85 (Fla. 1945)

. . . The law is: Sec. 782.02. “. . . . . .

LINDSEY J. MOTLEY v. STATE OF FLORIDA, 155 Fla. 545 (Fla. 1945)

. . . The law can'be stated in no better fashion than in-the language of the statute, Sec. 782.02, F.S. 41: . . .

PEARL McADEN v. STATE OF FLORIDA, 155 Fla. 523 (Fla. 1945)

. . . in its instructions to the jury on the law of self defense because it was not authorized by Section 782.02 . . .