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Florida Statute 782.051 | Lawyer Caselaw & Research
F.S. 782.051 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.051
782.051 Attempted felony murder.
(1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.
(2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.
(3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection.
History.s. 1, ch. 96-359; s. 18, ch. 97-194; s. 12, ch. 98-204; s. 4, ch. 2001-236; s. 6, ch. 2012-21; s. 23, ch. 2017-37.

F.S. 782.051 on Google Scholar

F.S. 782.051 on Casetext

Amendments to 782.051


Arrestable Offenses / Crimes under Fla. Stat. 782.051
Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.051 - HOMICIDE-WILFUL KILL - REMOVED - F: S
S782.051 1 - HOMICIDE - SPECIF FELONY COMMIT ACT COULD CAUSE DEATH - F: F
S782.051 2 - HOMICIDE - OTHER FELONY COMMIT ACT COULD CAUSE DEATH - F: F
S782.051 3 - HOMICIDE - SPECIF FELONY COMMIT 3RD PERS CAUSE INJURY - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

MCCRAY, v. STATE, 265 So. 3d 659 (Fla. App. Ct. 2019)

. . . See § 782.051(1), Fla. . . . element of attempted felony murder-"an intentional act that is not an essential element of the felony." § 782.051 . . .

SULLIVAN, v. STATE, 254 So. 3d 1144 (Fla. App. Ct. 2018)

. . . See § 782.051(1), Fla. . . . when in the course of the taking there is the use of force, violence, assault, or putting in fear"); § 782.051 . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . pursuant to s. 775.082, s. 775.083, or s. 775.084. (3) For attempted felony murder as described in s. 782.051 . . .

GABRIEL, v. STATE, 248 So. 3d 265 (Fla. App. Ct. 2018)

. . . Gabriel argues that because he was not specifically charged with attempted felony murder under section 782.051 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . (1) 6.3 murder Attempted felony 782.051(2) 6.3 murder Attempted felony 782.051(3) 6.3(a) murder Aggravated . . . Section § 782.051(2), Fla. . . . None Attempted Manslaughter 782.07 & 6.6 by Act 777.04 Comment s Section § 782.051(3), Fla. . . . 782.051(2) and 6.3 and murder-reclassified 782.065 6.7 Attempted felony 782.051(2) 6.3 murder Attempted . . . felony 782.051(3) and 6.3(a) murder-reclassified 782.065 and 6.7 Attempted felony 782.051(3) 6.3(a) . . .

NEWBHARD, v. STATE, 237 So. 3d 1075 (Fla. App. Ct. 2017)

. . . . § 782.051(1), Fla. Stat. (2012). . . . carried, displayed, used, threatened, or attempted to use a weapon, to wit: A FIREARM in violation of s. 782.051 . . . See § 782.051(1), Fla. . . . an essential element of the underlying robbery and was not an independent act as required by section 782.051 . . .

WEATHERSPOON, v. STATE, 214 So. 3d 578 (Fla. 2017)

. . . jury instruction and to argue to the jury the statutory crime of attempted felonymurder under section 782.051 . . . the following question of great public importance: IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051 . . . SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 . . . It did not charge him with attempted felony murder under section 782.051. . . . The charging document did not -include attempted felony murder under section 782.051. . . .

RAMROOP, v. STATE, 214 So. 3d 657 (Fla. 2017)

. . . —Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced . . . second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051 . . . following a jury’s finding that the defendant violated a particular subsection of section 782.04 or 782.051 . . .

GUZMAN, v. STATE, 211 So. 3d 204 (Fla. Dist. Ct. App. 2016)

. . . ATTEMPT 782.04(1) & 777.04(1) FI,” omitting reference to the attempted felony murder statute, section 782.051 . . .

McCLOUD, v. STATE, 208 So. 3d 668 (Fla. 2016)

. . . conflict case, Battle was convicted for attempted felony murder with a firearm pursuant to section 782.051 . . . the essential element: “that [was] not an essential element of the felony,” as required under section 782.051 . . .

WILLIAMS, v. STATE, 182 So. 3d 11 (Fla. Dist. Ct. App. 2015)

. . . discharge, death or great bodily harm was inflicted upon [the victim], a human being in violation of 782.051 . . . Williams II, 83 So.3d at 907; see also § 782.051(1), Fla. . . . not vitiate the legally sufficient allegations in that count of attempted felony murder under section 782.051 . . .

RAMROOP, v. STATE, 174 So. 3d 584 (Fla. Dist. Ct. App. 2015)

. . . Section 782.065, Florida Statutes, provides as follows: Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051 . . . second degree in violation of s. 782.04(l)(a) 1. or (2); or attempted felony murder in violation of s. 782.051 . . . following a jury’s finding that the defendant violated a particular subsection of section 782.04 or 782.051 . . . 782.065 only applies following certain violations of the (attempted) homicide offenses in 782.04 and 782.051 . . .

WEATHERSPOON, v. STATE, 191 So. 3d 481 (Fla. Dist. Ct. App. 2015)

. . . certify the following question to the supreme court: IN LIGHT OF THE LEGISLATURE’S CREATION OF SECTION 782.051 . . . SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 . . . prosecutions and how the state charges a defendant for attempted felony murder after the enactment of section 782.051 . . .

WEATHERSPOON, v. STATE, 194 So. 3d 341 (Fla. Dist. Ct. App. 2015)

. . . contain the essential elements of attempted felony murder and did not contain a citation to section 782.051 . . . Thus, it cannot be argued that the Legislature considered section 782.051 to be simply a subset of first . . . It did not charge him with attempted felony murder under section 782.051. . . . Neither, of these citations were to the correct felony murder statute, section 782.051, which establishes . . . The information- did not cite the post-Gray attempted felony murder statute, section-782.051. . . .

R. MILTON, v. STATE, 161 So. 3d 1245 (Fla. 2014)

. . . .” § 782.051(1), Fla. Stat. (2006). . . . Victim injury points' shall be scored under this subsection. § 782.051(1), Fla. Stat. (2006). . . . See § 782.051(1), Fla. Stat. . . . Attempted felony murder is governed by section 782.051(1), Florida Statutes. . . . See § 782.051(1), Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 137 So. 3d 995 (Fla. 2014)

. . . 502] and amended in 2014. 6.3 ATTEMPTED FELONY MURDER [ENUMERATED FELONY] [NON-ENUMERATED FELONY] § 782.051 . . . Comment Section 782.051(1), Fla. . . . Section 782.051(2), Fla. . . . State, 911 So.2d 85 (Fla.2005). 6.3(a) ATTEMPTED FELONY MURDER — INJURY CAUSED BY ANOTHER § 782.051(3 . . . Comment Section 782.051(3), Fla. . . .

W. MARTIN, v. JUSTICE ADMINISTRATION COMMISSION,, 127 So. 3d 1281 (Fla. Dist. Ct. App. 2013)

. . . See §§ 782.051(1), 775.087(2)(a)(2), 812.13(2)(a), & 777.04(1), Fla. Stat. (2012). . . . .

ESTEVEZ, v. STATE, 127 So. 3d 635 (Fla. Dist. Ct. App. 2013)

. . . that could, but does not, cause the death of another commits a felony of the first degree .... ” § 782.051 . . .

WALKER, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 495 F. App'x 13 (11th Cir. 2012)

. . . . §§ 782.051(1), 782.04(l)(a)(2)(f). . . .

FRANQUI, v. STATE, 59 So. 3d 82 (Fla. 2011)

. . . We recently explained: The Legislature in 1996, in response to our decision in Gray, enacted section 782.051 . . . In 1998, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder . . .

WITHERSPOON, v. STATE, 40 So. 3d 810 (Fla. Dist. Ct. App. 2010)

. . . subsequently reenacted the offense of attempted first-degree felony murder, which is currently section 782.051 . . .

L. WHITE, v. STATE, 41 So. 3d 257 (Fla. Dist. Ct. App. 2010)

. . . under section 921.0022, Florida Statutes (2001), specifies that attempted felony murder under section 782.051 . . .

COICOU, v. STATE, 39 So. 3d 237 (Fla. 2010)

. . . The Legislature in 1996, in response to our decision in Gray, enacted section 782.051, which created . . . In 1998, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder . . . The crime of attempted felony murder is codified in section 782.051, Florida Statutes (2001). . . . See § 782.051. . . . See § 782.051(1), Fla. Stat. (2001). . . . .

BRINSON, a k a v. STATE, 18 So. 3d 1075 (Fla. Dist. Ct. App. 2009)

. . . Both Coicou and Tucker involved the attempted felony murder statute, section 782.051, Florida Statutes . . .

BRYANT, v. STATE, 991 So. 2d 999 (Fla. Dist. Ct. App. 2008)

. . . , Florida Statutes (1997), for the offense of felony causing bodily injury, in violation of section 782.051 . . . The version of section 782.051(1) which was in effect at the time Defendant committed his offense reads . . . Victim injury points shall be scored under this subsection. § 782.051(1), Fla. . . .

MITCHELL, v. STATE, 990 So. 2d 656 (Fla. Dist. Ct. App. 2008)

. . . felony murder, with attempted felony murder not becoming a crime again until the enactment of section 782.051 . . .

A. MOORE, v. STATE, 982 So. 2d 1205 (Fla. Dist. Ct. App. 2008)

. . . Moore “did, in violation of Florida Statutes 782.051(1) and 775.087(1), commit, aid or abet an act that . . . The information was consistent with section 782.051 as it read when enacted in 1996. . . . At that time, section 782.051, entitled “Felony Causing Bodily Injury,” provided, in relevant part: Any . . . and that could, but does not, cause the death of another commits a felony of the first degree.... § 782.051 . . . Stat. (2005). . §§ 782.051(1), 775.087(1), Fla. . . .

WHITE, v. STATE, 973 So. 2d 638 (Fla. Dist. Ct. App. 2008)

. . . However, the holding in Gray was superseded by section 782.051, Florida Statutes, which makes “attempted . . . White with attempted felony murder, he was not charged with a non-existent crime in light of section 782.051 . . .

RODGERS, v. STATE, 966 So. 2d 462 (Fla. Dist. Ct. App. 2007)

. . . The court expressed its view that the State must have intended to charge appellant under section 782.051 . . . Nonetheless, the judge sua sponte amended the information to allege a violation of section 782.051(1) . . . We would struggle to ever read aggravated battery into section 782.051(3) as a lesser included offense . . . , because section 782.051(3) applies to the person who commits a felony while another person injures . . . in effect at the time of appellant’s trial did not expressly provide an instruction as to sections 782.051 . . .

F. WALKER, v. STATE, 965 So. 2d 189 (Fla. Dist. Ct. App. 2007)

. . . subsection if such confinement is without the consent of her or his parent or legal guardian. .Subsection 782.051 . . .

BARRON, v. STATE, 990 So. 2d 1098 (Fla. Dist. Ct. App. 2007)

. . . See § 782.051(1). United States v. . . . More significantly, under section 782.051(1), an attempted felony-murder conviction requires proof not . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 962 So. 2d 310 (Fla. 2007)

. . . FELONY MURDER-FIRST DEGREECENUMER-ATED FELONY] [NON-ENUMERATED FELONY] ■§§ 782.0d(lXa-> and-777.0d § 782.051 . . . Section 782.051(2), Fla. . . . State, 911 So.2d 85 (Fla.2005). 6.3(a) ATTEMPTED FELONY MURDER — INJURY CAUSED BY ANOTHER § 782.051(3 . . . Comment Section 782.051(3), Fla. . . .

RODGERS, v. STATE, 934 So. 2d 1207 (Fla. 2006)

. . . claimed that the information did not actually charge attempted felony murder and did not cite section 782.051 . . .

O BROWN, v. STATE, 914 So. 2d 500 (Fla. Dist. Ct. App. 2005)

. . . (codified as § 782.051, Fla. Stat.), which was thereafter renamed attempted felony murder. . . .

L. BATTLE, Jr. v. STATE, 911 So. 2d 85 (Fla. 2005)

. . . See § 782.051(1), Fla. Stat. (1999). . . . See §§ 782.04(2)-(3), 782.051(1), Fla. Stat. (1999). . . . that dual convictions for attempted second-degree murder and attempted felony murder under section 782.051 . . . "Felony causing bodily injury” is the 1997 statutory version of section 782.051(1), which was amended . . . was later amended to include one count of attempted felony murder with a firearm pursuant to section 782.051 . . . constituted fundamental error because it failed to instruct the jury on the essential element in section 782.051 . . . In 1996, the Legislature responded by enacting section 782.051, which created the offense of “Felony . . . As amended by the Legislature, section 782.051(1) provides: Any person who perpetrates or attempts to . . .

DALLAS, v. STATE, 898 So. 2d 163 (Fla. Dist. Ct. App. 2005)

. . . This is not permissible for a conviction under section 782.051(1), Florida Statutes. . . . an essential element of the underlying robbery and was not an independent act as required by section 782.051 . . .

STATE v. FLORIDA,, 894 So. 2d 941 (Fla. 2005)

. . . Attempted felony murder, as codified in section 782.051(1), Florida Statutes (2004), requires “an intentional . . .

COICOU, v. STATE, 867 So. 2d 409 (Fla. Dist. Ct. App. 2003)

. . . The State charged Coicou with a violation of section 782.051(1), Florida Statutes, attempted first-degree . . . The trial court instructed the jury on attempted felony mur'der, pursuant to section 782.051, Florida . . . The State charged Coicou with attempted first-degree felony murder under section 782.051(1), Florida . . . Section 782.051(1) states in relevant part: (1) Any person who perpetrates or attempts to perpetrate . . . that because the State failed to prove one of the elements of attempted felony murder under section 782.051 . . .

P. DEANGELO, v. STATE, 863 So. 2d 374 (Fla. Dist. Ct. App. 2003)

. . . However, the legislature has now revived the crime by its enactment of section 782.051(1), Florida Statutes . . . Although section 782.051(1) includes “attempt” as one of its elements and thus creates a stand-alone . . .

TUCKER, v. STATE, 857 So. 2d 978 (Fla. Dist. Ct. App. 2003)

. . . The information tracked the language of attempted felony murder under section 782.051(1), Florida Statutes . . . act that is not an essential element of the attempted premeditated murder as is required by section 782.051 . . .

L. BATTLE, Jr. v. STATE, 837 So. 2d 1063 (Fla. Dist. Ct. App. 2003)

. . . The State charged Battle with attempted felony murder with a firearm pursuant to section 782.051(1) Florida . . . essential element of the felony,” constitutes á necessary element of attempted felony murder under section 782.051 . . . The instruction given fails to include the required element in section 782.051(1) that the jury had to . . . that dual convictions for attempted second-degree murder and attempted felony murder under section 782.051 . . .

MITCHELL, v. STATE, 830 So. 2d 944 (Fla. Dist. Ct. App. 2002)

. . . test, the requirements of Gordon and the conviction under the relatively new crime created by section 782.051 . . . DUAL CONVICTIONS FOR ATTEMPTED SECOND DEGREE MURDER AND ATTEMPTED FELONY MURDER, PURSUANT TO SECTION 782.051 . . . Stat. §§ 782.051(1), 775.087(1) and (2)(a)3 (2001). . Fla. . . . . § 782.051, Fla. Stat. (1999). . . . .

A. GREENWAY, v. STATE, 823 So. 2d 206 (Fla. Dist. Ct. App. 2002)

. . . See § 782.051(2), Fla. Stat. (1997). Mr. . . .

STATE v. BLANTON,, 821 So. 2d 440 (Fla. Dist. Ct. App. 2002)

. . . The legislature responded by enacting section 782.051(1), thereby making attempted felony murder a crime . . . Section 782.051(1) provides: Any person who perpetrates or attempts to perpetrate any felony enumerated . . .

THOMPSON, v. STATE, 814 So. 2d 1103 (Fla. Dist. Ct. App. 2002)

. . . 812.13(2)(a), Florida Statutes (1999), and one count of attempted felony murder in violation of section 782.051 . . . The legislature responded by enacting section 782.051(1), thereby making attempted felony murder a crime . . . Section 782.051(1) provides: Any person who perpetrates or attempts to perpetrate any felony enumerated . . . This is the exact result that the Gray court sought to prevent and the reason why section 782.051(1) . . .

KING, v. STATE, 800 So. 2d 734 (Fla. Dist. Ct. App. 2001)

. . . attempted felony murder which failed to instruct the jury that they had to find, pursuant to section 782.051 . . . attempted felony murder constitutes fundamental error because, without the quoted language from section 782.051 . . . in the instant case constitutes fundamental error because it is incomplete, we must refer to section 782.051 . . . See § 782.051, Fla. Stat. (1999). . . .

G. GONZALEZ, v. STATE, 789 So. 2d 1091 (Fla. Dist. Ct. App. 2001)

. . . See § 782.051, Fla. Slat. (1999); Brown v. . . .

NEAL, v. STATE, 783 So. 2d 1102 (Fla. Dist. Ct. App. 2001)

. . . when it instructed the jury on attempted felony murder because the instruction failed to track section 782.051 . . . In response to Gray, the Legislature passed section 782.051(1) again making attempted felony murder a . . . Section 782.051(1) provides that: Any person who perpetrates or attempts to perpetrate any felony enumerated . . .

GORDON, v. STATE, 780 So. 2d 17 (Fla. 2001)

. . . Legislature enacted section 782.051, Florida Statutes. . . . Section 782.051 states: “Any person who perpetrates or attempts to perpetrate any felony enumerated in . . . In so doing, the court recognized that the Legislature intended section 782.051 to be a replacement for . . . As the First District noted, the legislative history indicates that section 782.051 was enacted as a . . . Thus, it seems abundantly clear that section 782.051 reinvigorates the former crime of attempted felony . . . See §§ 782.04(1)(a), 777.04(4)(b), 775.087(1)(a), 782.051(1), Fla. Stat. (1997). . . . See § 782.051(1), Fla. Stat. (1997). . . . Victim injury points shall be scored under this subsection. § 782.051(1), Fla. Stat. (1997). . . . See § 782.051, Fla. Stat. (1999). . . . See § 782.051, Fla. Stat. (1997). . . .

UNITED STATES v. UCCIFERRI,, 133 F. Supp. 2d 1330 (M.D. Fla. 2001)

. . . of attempted homicide and aggravated battery with a deadly weapon in violation of Florida Statute §§ 782.051 . . . weapon, in violation of Fla.Stat. § 782.04(l)(a)(l) and Fla.Stat. § 777.04 (in place of Fla.Stat. § 782.051 . . .

WARD, Jr. v. STATE, 765 So. 2d 299 (Fla. Dist. Ct. App. 2000)

. . . . § 782.051(1), Fla. Stat. . § 812.13(2)(a), Fla. Stat. . § 784.045(l)(a), Fla. Stat. . U.S. Const. . . .

BROWN, v. STATE, 761 So. 2d 1135 (Fla. Dist. Ct. App. 2000)

. . . attempted first degree murder with a firearm and for “felony causing bodily injury” proscribed by section 782.051 . . . Now substantially amended, section 782.051, Florida Statutes (1997), once made it a crime to cause bodily . . . At the time pertinent to the present case, section 782.051(2), Florida Statutes (1997), required proof . . . An early draft of what became section 782.051 was in fact entitled “attempted felony murder.” . . . As amended, section 782.051, Florida Statutes (Supp. 1998), has a much narrower scope. . . . Neither Boivin nor Mills dealt with section 782.051(2), Florida Statutes (1997). . . .

BRAHAM, v. STATE, 766 So. 2d 297 (Fla. Dist. Ct. App. 2000)

. . . (1) or section 782.051(2), a conviction under section 782.051(1) is an offense ranked in level 9 of the . . . See §§ 782.051(1) & (2), Fla. Stat. (1997). . . . (1) are generally more serious than those required for conviction under section 782.051(2). . . . bodily injury than a charge brought pursuant to section 782.051(1). . . . See § 782.051(2), Fla. Stat. (1997). . . .

BUSBY, v. STATE, 766 So. 2d 259 (Fla. Dist. Ct. App. 2000)

. . . I of the information charged the defendant with a felony causing bodily injury, contrary to section 782.051 . . . the crimes of robbery and burglary, such that they are felonies falling under the umbrella of section 782.051 . . .

GORDON, v. STATE, 744 So. 2d 1112 (Fla. Dist. Ct. App. 1999)

. . . . § 782.051(1), Fla.Stat. (1997). . . . .” § 782.051, Fla.Stat. (Supp. 1998). . . .

YOUNG, v. STATE, 744 So. 2d 1077 (Fla. Dist. Ct. App. 1999)

. . . robbery under section 812.13(1), Florida Statutes (1997) and a felony causing bodily injury under section 782.051 . . .

BRANDON, v. STATE, 727 So. 2d 1010 (Fla. Dist. Ct. App. 1999)

. . . See §§ 812.133, 777.04, 782.051, 784.011, 790.23, Fla.Stat. (1997). . . .