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Florida Statute 782.03 | Lawyer Caselaw & Research
F.S. 782.03 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 782.03

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.03
782.03 Excusable homicide.Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
History.s. 6, ch. 1637, 1868; RS 2379; GS 3204; RGS 5034; CGL 7136; s. 1, ch. 75-13.

F.S. 782.03 on Google Scholar

F.S. 782.03 on Casetext

Amendments to 782.03


Arrestable Offenses / Crimes under Fla. Stat. 782.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 782.03.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 782.03, Fla. Stat. Give only if 2a alleged and proved. . . . “Child” moans any person under thc-age-of 18 years. §782.03-; -FlckrStetr “Dangerous weapon” is any weapon-that . . .

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

. . . . § 782.03. . . .

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

. . . EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, under . . .

REAVES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 717 F.3d 886 (11th Cir. 2013)

. . . . § 782.03. . . . .

ROZZELLE, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 672 F.3d 1000 (11th Cir. 2012)

. . . . § 782.03. The jury convicted Rozzelle of second-degree murder. . . . Florida Statutes § 782.03 provides: Homicide is excusable when committed by accident and misfortune in . . . does not appear to claim that his homicide was "excusable” and wholly lawful under Florida Statutes § 782.03 . . .

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

. . . . § 782.03, Fla. Stat. . . . “Child” means any person under the age of 18 years. § 782.03, Fla. Stat. . . .

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

. . . . § 782.03, Fla. Stat. . . .

JENKINS, v. STATE, 990 So. 2d 702 (Fla. Dist. Ct. App. 2008)

. . . The instruction for excusable homicide, which is based on section 782.03, Florida Statutes, is contained . . .

HALL, v. STATE, 951 So. 2d 91 (Fla. Dist. Ct. App. 2007)

. . . Section 782.03, Florida Statutes (1999), provides: Homicide is excusable when committed by accident and . . .

THOMPSON, v. STATE, 944 So. 2d 546 (Fla. Dist. Ct. App. 2006)

. . . that Meyers was shot by accident and misfortune,” so that the homicide was excusable under section 782.03 . . .

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

. . . The existence of the legal categories of excusable homicide, see § 782.03, Fla. . . . “[B]y accident” is a central element in the definition of excusable homicide. § 782.03. . . .

STATE v. STORER,, 920 So. 2d 754 (Fla. Dist. Ct. App. 2006)

. . . See § 782.03, Fla. Stat. (2003). . . .

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

. . . Excusable Homicide § 782.03, Fla. Stat. . . .

J. J. W. A v. STATE, 892 So. 2d 1189 (Fla. Dist. Ct. App. 2005)

. . . . § 782.03, Fla. Stat. (emphasis supplied). . . .

PALMORE, v. STATE, 838 So. 2d 1222 (Fla. Dist. Ct. App. 2003)

. . . The instruction is based on section 782.03, Florida Statutes, which defines excusable homicide, and the . . .

VILLELLA, v. STATE, 833 So. 2d 192 (Fla. Dist. Ct. App. 2002)

. . . See § 782.03, Fla. Stat. (2002); see also Fla. Std. Jury Instr. (Crim.) On Excusable Homicide. . . .

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

. . . EXCUSABLE HOMICIDE § 782.03, Fla. Stat. . . .

BOWEN, v. STATE, 791 So. 2d 44 (Fla. Dist. Ct. App. 2001)

. . . See § 782.03, Fla. Stat. (1997); Fla. Std. Jury Instr. . . .

WEIR, v. STATE, 777 So. 2d 1073 (Fla. Dist. Ct. App. 2001)

. . . . § 782.03, Fla.Stat. . . . See § 782.03, Fla. Stat. . . .

MITCHELL, v. STATE, 698 So. 2d 555 (Fla. Dist. Ct. App. 1997)

. . . See, e.g., § 782.03, Fla. . . .

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)

. . . 782.02, Florida Statutes (1993), or chapter 766, Florida Statutes; b. excusable homicide under section 782.03 . . .

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

. . . . § 782.03, Fla.Stat. (1993). . . . sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. § 782.03 . . .

MAYNARD, v. STATE, 660 So. 2d 293 (Fla. Dist. Ct. App. 1995)

. . . Section 782.03, Florida Statutes (1991), as applied to the facts of this case, provides that “[hjomicide . . . reflects, the trial court fully explained to the jury the definition of excusable homicide under section 782.03 . . .

GOVERNMENT OF VIRGIN ISLANDS v. ROBINSON, a k a, 29 F.3d 878 (3d Cir. 1994)

. . . . § 782.03 (West 1992); Miss.Code Ann. § 97-3-17 (1972). . . .

GOVERNMENT OF THE VIRGIN ISLANDS v. ROBINSON, JACKSON, a k a HUGHES, LAUREN LEWELL,, 30 V.I. 428 (3d Cir. 1994)

. . . . § 782.03 (West 1992); Miss. Code Ann. § 97-3-17 (1972). . . .

REAVES, v. STATE, 639 So. 2d 1 (Fla. 1994)

. . . Section 782.03, Florida Statutes (1991), provides: Excusable homicide. — Homicide is excusable when committed . . .

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

. . . Section 782.03, Florida Statutes (1991), reads as follows: 782.03 Excusable homicide. — Homicide is excusable . . . EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable, and therefore lawful, under . . .

VALENCIA, v. STATE, 597 So. 2d 372 (Fla. Dist. Ct. App. 1992)

. . . admitted killing of the deceased was an excusable homicide upon a sudden combat as defined by Section 782.03 . . .

RADILLO, v. STATE, 582 So. 2d 634 (Fla. Dist. Ct. App. 1991)

. . . insofar as pertinent here) on the ground that the homicide was excusable within the meaning of section 782.03 . . . Under section 782.03, Florida Statutes, there are three distinct methods by which a homicide may be deemed . . . A defendant may prevail under section 782.03 if the proof shows any one of the three statutory criteria . . . to rely on the defense of excusable homicide upon proof of any one of the three criteria in section 782.03 . . . The 1989 long form instruction provided: EXCUSABLE HOMICIDE F.S. 782.03 An issue in this case is whether . . .

STATE v. SMITH,, 573 So. 2d 306 (Fla. 1990)

. . . This instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 The killing of a human being is excusable . . . The long-form standard jury instruction reads as follows: EXCUSABLE HOMICIDE F.S. 782.03 An issue in . . . instruction on excusable homicide expressly tracks the definition of excusable homicide contained in section 782.03 . . . homicide found on page 61 of the Standard Jury Instructions shall now read: EXCUSABLE HOMICIDE F.S. 782.03 . . . homicide that appears on page 76 of the Standard Jury Instructions to read: EXCUSABLE HOMICIDE F.S. 782.03 . . .

LEWIS, v. STATE, 572 So. 2d 908 (Fla. 1990)

. . . jury instructions contain the following definition of excusable homicide which is taken from section 782.03 . . .

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

. . . lawful means with usual care, heat of passion, sudden and sufficient provocation, and sudden combat (782.03 . . .

HOFFERT, v. STATE, 559 So. 2d 1246 (Fla. Dist. Ct. App. 1990)

. . . to rely on the defense of excusable homicide upon proof of any one of the three criteria in section 782.03 . . .

STATE v. PERKINS, 558 So. 2d 537 (Fla. Dist. Ct. App. 1990)

. . . First, Bowes, convicted of marijuana trafficking, pleaded the defense of excusable homicide, § 782.03 . . .

ARLINE, v. STATE, 550 So. 2d 1180 (Fla. Dist. Ct. App. 1989)

. . . as I have previously explained those terms. .The standard jury instruction on excusable homicide (§ 782.03 . . .

M. HAMMONDS, v. STATE, 548 So. 2d 909 (Fla. Dist. Ct. App. 1989)

. . . resolve this particular issue, a recitation of language of the excusable homicide statute, section 782.03 . . . Section 782.03 provides: Homicide is excusable when committed by accident and misfortune in doing any . . .

BERRY, Jr. v. STATE, 547 So. 2d 969 (Fla. Dist. Ct. App. 1989)

. . . Section 782.03, Florida Statutes (1987), defines excusable homicide as one committed by accident and . . .

FUTCH, v. L. DUGGER,, 874 F.2d 1483 (11th Cir. 1989)

. . . . § 782.03 (West 1976). The jury was originally instructed on excusable homicide. . . .

SARDUY, v. STATE, 540 So. 2d 203 (Fla. Dist. Ct. App. 1989)

. . . ." § 782.03, Fla.Stat. (1987). . . . .

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

. . . this conviction. .Although the evidentiary support for an instruction on excusable homicide, see § 782.03 . . .

KINGERY, v. STATE, 523 So. 2d 1199 (Fla. Dist. Ct. App. 1988)

. . . . § 782.03, Fla.Stat. (1985); Young, 509 So.2d at 1340-1341. . . .

CARRANZA, Jr. v. STATE, 511 So. 2d 410 (Fla. Dist. Ct. App. 1987)

. . . .-02 and 782.03, Florida Statutes, as provided in the standard instructions: First of all, I shall read . . .

BOWES, v. STATE, 500 So. 2d 290 (Fla. Dist. Ct. App. 1986)

. . . to rely on the defense of excusable homicide upon proof of any one of the three criteria in section 782.03 . . . extend section 776.041 to restrict a defendant from asserting excusable homicide, pursuant to section 782.03 . . . Section 782.03 provides: Excusable homicide. — Homicide is excusable when committed by accident and misfortune . . .

PARKER, v. STATE, 495 So. 2d 1204 (Fla. Dist. Ct. App. 1986)

. . . on the conviction of unlawful possession of a firearm during the commission of a criminal offense. . 782.03 . . .

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

. . . Stat. 782.03 (1975).” Cobb v. Wainwright, 666 F. 2d 966, 969 (5th Cir. 1974). See also, Cobb v. . . . Section 782.03, Florida Statutes, the excusable homicide statute, deals primarily with accidental acts . . .

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

. . . killing of another person may be justifiable (see § 782.02 and ch. 776, Fla.Stat.) or excusable (see § 782.03 . . .

A. RODRIGUEZ, v. STATE, 443 So. 2d 286 (Fla. Dist. Ct. App. 1983)

. . . . § 782.03, Fla.Stat. (1981). . . . .

DOMINIQUE, v. STATE, 435 So. 2d 974 (Fla. Dist. Ct. App. 1983)

. . . Homicide is excusable according to section 782.03, Florida Statutes (1981), when committed by accident . . .

A. WEIDNER, v. L. WAINWRIGHT,, 708 F.2d 614 (11th Cir. 1983)

. . . The magistrate also noted that Hobbs’ theory of excusable homicide was precluded by Florida Statute § 782.03 . . .

COLON, v. STATE, 430 So. 2d 965 (Fla. Dist. Ct. App. 1983)

. . . Section 782.03, Florida Statutes (1981), defines excusable homicide as follows: Homicide is excusable . . . Section 782.03 permits a defendant to rely on the defense of excusable homicide upon proof of only one . . .

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

. . . Dawson’s unfortunate death was clearly one which occurred, as defined in Sec. 782.03, Fla.Stat. (1981 . . . % It is clear from reading the provisions of Section 782.02, - justifiable • homicide, and Section 782.03 . . .

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

. . . . § 782.03 (1975). . . . A homicide is excusable under Fla.Stat. § 782.03 (1975) only if committed by “accident and misfortune . . . Fla.Stat. § 782.03 (1975) defines excusable homicide as a homicide committed by accident and misfortune . . .

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

. . . while resisting another’s unlawful act are punishable only if not excusable, as provided in section 782.03 . . .

LACY, v. STATE, 387 So. 2d 561 (Fla. Dist. Ct. App. 1980)

. . . The statute upon which appellant’s defense rested, Section 782.03, Florida Statutes (1979), provides: . . .

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

. . . while resisting another’s unlawful act are punishable only if not excusable, as provided in section 782.03 . . .

PERRY, v. STATE, 366 So. 2d 776 (Fla. Dist. Ct. App. 1978)

. . . See § 782.03. . See § 782.03 and § 782.07, Fla.Stat. (1977) and Fla.Std. Jury Instr. (Crim.) . . .

MARTIN, v. STATE, 294 So. 2d 414 (Fla. Dist. Ct. App. 1974)

. . . Section 782.03, F.S.A.), and refused to repeat a substitute “accidental” instruction requested by defense . . .

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

. . . Fla.Stat., F.S.A.) and upon excusable homicide, the last mentioned encompassing homicide by accident (§ 782.03 . . .

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

. . . . § 782.03, F.S.A. . See, Hedges v. State (Fla.1965), 172 So.2d 824. .Hedges v. . . .

SCOTT, v. STATE, 207 So. 2d 493 (Fla. Dist. Ct. App. 1968)

. . . . § 782.03, F.S.A. provides that— “Homicide is excusable when committed by accident and misfortune * . . .

D. HAMILTON, v. STATE, 152 So. 2d 793 (Fla. Dist. Ct. App. 1963)

. . . have given an instruction to the jury defining excusable homicide or murder as prescribed by section 782.03 . . . lawful act by lawful means, with usual ordinary caution, and without any unlawful intent * * * Section 782.03 . . .

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, . . .

WILLIAM ARES FEBRE v. THE STATE OF FLORIDA, 158 Fla. 853 (Fla. 1947)

. . . S. 907, 46-a F.S.A., 782.03. . . .

MAX BARKLEY v. STATE OF FLORIDA, 152 Fla. 147 (Fla. 1942)

. . . be . . . excusable homicide . . .” and a comparison of it with Section 7136, C.G.L., 1927, Section 782.03 . . .