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F.S. 782.051 on Google Scholar

F.S. 782.051 on Casetext

Amendments to 782.051


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.051 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
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

782.051 1 - CRIMES AGAINST PERSON - SPECIF FELONY COMMIT ACT COULD CAUSE DEATH - F: F
782.051 2 - CRIMES AGAINST PERSON - OTHER FELONY COMMIT ACT COULD CAUSE DEATH - F: F
782.051 3 - CRIMES AGAINST PERSON - SPECIF FELONY COMMIT 3RD PERS CAUSE INJURY - F: S


Civil Citations / Citable Offenses under S782.051
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 782.051.


Annotations, Discussions, Cases:

  1. Battle v. State

    911 So. 2d 85 (Fla. 2005)   Cited 46 times
    In 1996, the Legislature responded by enacting section 782.051, which created the offense of "Felony causing bodily injury." See ch. 96-359, § 1, at 2052, Laws of Fla. In 1998, the Legislature substantially rewrote this section and retitled it "Attempted felony murder." See ch. 98-204, § 12, at 1970, Laws of Fla. The 1998 amendment also added the element of an intentional act that is not an essential element of the underlying felony. As amended by the Legislature, section 782.051(1) provides:
    PAGE 88
  2. Brown v. State

    761 So. 2d 1135 (Fla. Dist. Ct. App. 2000)   Cited 7 times
    § 782.051(2), Fla. Stat. (1997). First degree murder is not enumerated in section 782.04(3), Florida Statutes (1997). At the time pertinent to the present case, section 782.051(2), Florida Statutes (1997), required proof that the perpetrator (1) committed or attempted to commit a felony not listed in section 782.04(3), Florida Statutes (1997), and (2) while doing so committed, aided or abetted an act causing bodily injury to another person.
  3. Section 782.051(1), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony enumerated in section 782.04(3). Section 782.051(2), Fla. Stat., applies where the defendant is alleged to have committed or attempted to commit a felony not enumerated in section 782.04(3), Fla. Stat.This instruction was adopted in 2007. See Battle v. State, 911 So.2d 85 (Fla. 2005).
    PAGE 313
  4. Mitchell v. State

    830 So. 2d 944 (Fla. Dist. Ct. App. 2002)   Cited 12 times
    Fla. Stat. §§ 782.051(1), 775.087(1) and (2)(a)3 (2001).
  5. Gordon v. State

    780 So. 2d 17 (Fla. 2001)   Cited 88 times
    In State v. Gray, 654 So.2d 552 (Fla. 1995), this Court overruledAmlotte and concluded that attempted felony murder was a nonexistent crime. In 1996, the Legislature enacted section 782.051, Florida Statutes. Section 782.051 states: "Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an act that causes bodily injury to another commits a felony of the first degree . . . ." § 782.051(1), Fla. Stat. (1997). Admittedly, the language of this section is more expansive than our previous conception of the nonexistent crime of attempted felony murder because it requires bodily injury. However, in 1998 the Legislature substantially rewrote this section and retitled it "Attempted felony murder." Amended section 782.051(1) now provides: "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 . . . ." § 782.051(1), Fla. Stat. (1999).
    PAGE 26
  6. Weatherspoon v. State

    214 So. 3d 578 (Fla. 2017)   Cited 18 times
    IN LIGHT OF THE LEGISLATURE'S CREATION OF SECTION 782.051, WHICH CREATED A CRIME CALLED "ATTEMPTED FELONY MURDER," THAT WAS PREVIOUSLY DECLARED BY STATE V . GRAY , 654 So.2d 552 (Fla. 1995), TO BE A NONEXISTENT CRIME UNDER SECTION 782.04(1)(A), DOES THE STATE NEED TO SPECIFICALLY ALLEGE THE ELEMENTS OF AND CITE TO SECTION 782.051 OR DOES AN ALLEGATION OF ATTEMPTED PREMEDITATED MURDER AUTOMATICALLY INCLUDE ATTEMPTED FELONY MURDER, JUST AS AN INDICTMENT FOR PREMEDITATED MURDER AUTOMATICALLY INCLUDES FELONY MURDER?
    PAGE 580
  7. Coicou v. State

    39 So. 3d 237 (Fla. 2010)   Cited 27 times
    The crime of attempted felony murder is codified in section 782.051, Florida Statutes (2001). Section 782.051(1) provides:
    PAGE 241
  8. Jones v. Sec'y

    Case No. 3:13-cv-470-J-39JBT (M.D. Fla. Nov. 9, 2015)   Cited 1 times
    statute. The State charged the defendant with a violation of section 782.051(2) which prohibited an injury caused during the commission of felony other than a felony specifically enumerated in section 782.04(3) (see attached version of 782.051). Because carjacking is an enumerated felony set forth in section 782.04(3), carjacking could not have supported a felony causing bodily injury claim under section 782.051(2).
    PAGE 6
  9. Braham v. State

    766 So. 2d 297 (Fla. Dist. Ct. App. 2000)   Cited 3 times
    Although a felony causing bodily injury is a first degree felony when brought pursuant to either section 782.051( 1) or section 782.051( 2), a conviction under section 782.051( 1) is an offense ranked in level 9 of the sentencing guidelines while a charge under section 782.051( 2) is an offense ranked in level 8 of the sentencing guidelines. See §§ 782.051( 1) (2), Fla. Stat. (1997). The enacting legislation of section 782.051 states it is an act "relating to offenses against persons; creating § 782.051, F.S.; describing the offense of felony causing bodily injury and providing penalties therefor; ranking offenses for purposes of sentencing guidelines ; providing an effective date." Ch. 96-359, at 2052, Laws of Fla. (emphasis added). The fact that the offenses were ranked for purposes of the sentencing guidelines suggests that each subsection dealt with a separate degree of the offense. Further, the discrepancy in sentencing provisions can be explained by the fact that the enumerated felonies necessary to obtain a conviction under section 782.051( 1) are generally more serious than those required for…
    PAGE 300
  10. Weatherspoon v. State

    194 So. 3d 341 (Fla. Dist. Ct. App. 2015)   Cited 1 times
    § 782.051(1), Fla. Stat. (2008). Interestingly, section 782.04(3), referred to in the statute, is not the provision for first degree murder, including felony murder. Instead, section 782.04(3) states the essential elements of one form of murder in the second degree, although the list of enumerated felonies is identical to the list in section 784.04(1)(b), the felony murder statute. Thus, it cannot be argued that the Legislature considered section 782.051 to be simply a subset of first degree murder under section 782.04(1).
    PAGE 346