Home
Menu
904-383-7448
F.S. 782.07 on Google Scholar

F.S. 782.07 on Casetext

Amendments to 782.07


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.07 Florida Statutes and Case Law
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.RS 2384; GS 3209; RGS 5039; CGL 7141; s. 715, ch. 71-136; s. 180, ch. 73-333; s. 15, ch. 74-383; s. 6, ch. 75-298; s. 12, ch. 96-322; s. 2, ch. 2002-74; s. 12, ch. 2012-155.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 782.07 on Google Scholar

F.S. 782.07 on Casetext

Amendments to 782.07


Arrestable Offenses / Crimes under Fla. Stat. 782.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

782.07 1 - HOMICIDE-NEGLIG MANSL - OTHER THAN BY MOTOR VEHICLE - F: S
782.07 2 - HOMICIDE-NEGLIG MANSL - AGGRAV NEGLECT ELDERLY DISABLED ADULT - F: F
782.07 3 - HOMICIDE-NEGLIG MANSL - AGGRAVATED OF CHILD - F: F
782.07 4 - HOMICIDE-NEGLIG MANSL - AGGRAV LEO EMT FIREFIGHTER PARAMEDIC - F: F


Civil Citations / Citable Offenses under S782.07
R or S next to points is Mandatory Revocation or Suspension

S782.07 MANSLAUGHTER - involving the use of a motor vehicle U.T.C. must be written pursuant to 316.650(10). [See 322.28(4)] - Points on Drivers License: 0 R


Annotations, Discussions, Cases:

  1. McCreary v. State

    371 So. 2d 1024 (Fla. 1979)   Cited 56 times   1 Legal Analyses
    Manslaughter is the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification. § 782.07, Fla. Stat. (1975). We have repeatedly said that the culpable conduct necessary to sustain proof of manslaughter under section 782.07 must be of a gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or there is that entire want of care which would raise the presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or that reckless indifference to the rights of others which is equivalent to an intentional violation of them. Filmon v. State, 336 So.2d 586 (Fla. 1976); Miller v. State, 75 So.2d 312 (Fla. 1954); Preston v. State, 56 So.2d 543 (Fla. 1952).
    PAGE 1026
  2. State v. Montgomery

    39 So. 3d 252 (Fla. 2010)   Cited 324 times   1 Legal Analyses
    Manslaughter, a lesser included offense of both first-degree and second-degree murder, is defined as "[t]he killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification . . . in cases in which such killing shall not be excusable homicide or murder." § 782.07(1), Fla. Stat. (2005). Section 782.07(1) states as follows:
    PAGE 256
  3. State v. Ashley

    701 So. 2d 338 (Fla. 1997)   Cited 34 times
    § 782.07, Fla. Stat. (1993).
    PAGE 340
  4. Haygood v. State

    109 So. 3d 735 (Fla. 2013)   Cited 102 times
    782.07. Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
    PAGE 739
  5. Williams v. State

    123 So. 3d 23 (Fla. 2013)   Cited 75 times
    In Montgomery, we recognized that the then-existing standard jury instruction for the offense of manslaughter by act requiredthe jury to find that the defendant “intentionally caused the death” of the victim. Montgomery, 39 So.3d at 257;see Fla. Std. Jury Instr. (Crim.) 7.7 (2006). We also recognized that section 782.07, Florida Statutes, did not require the jury to make such a finding. Section 782.07 provided in pertinent part as follows:
    PAGE 26
  6. Rozzelle v. Sec'y, Florida Dep't of Corr.

    672 F.3d 1000 (11th Cir. 2012)   Cited 303 times
    Florida Statutes § 782.07(1) provides that “[t]he killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification ... and in cases in which such killing shall not be excusable homicide or murder ... is manslaughter.”
    PAGE 1005
  7. United States v. Garcia-Perez

    779 F.3d 278 (5th Cir. 2015)   Cited 29 times
    Fla. Stat. § 782.07(1) (1995).
    PAGE 283
  8. Houser v. State

    474 So. 2d 1193 (Fla. 1985)   Cited 105 times
    Section 316.1931(1) outlines the basic crimes of driving while intoxicated (DWI) or under the influence of intoxicants (DUI). Subsection (2) first outlines the crime of DWI causing damage to property or person, then defines DWI manslaughter. "[I]f the death of any human being is caused by the operation of a motor vehicle by any person while so intoxicated, such person shall be deemed guilty of manslaughter and on conviction shall be punished as provided by existing law relating to manslaughter." Manslaughter, section 782.07, is a felony of the second degree.
    PAGE 1196
  9. Montgomery v. State

    70 So. 3d 603 (Fla. Dist. Ct. App. 2009)   Cited 71 times
    Turning to the first step in our analysis, we note that there is a split of authority among Florida district courts as to whether manslaughter by act, under section 782.07, Florida Statutes, has intent to kill as an element. This split is based on opposing interpretations of the supreme court's decision in Taylor v. State, 444 So.2d 931 (Fla. 1983), which held that attempted manslaughter was a cognizable crime in this state. In Hall v. State, 951 So.2d 91, 96 (Fla. 2d DCA 2007) (en banc), the Second District interpreted Taylor as holding that "intent to kill is an element of attempted manslaughter" but did not believe such a holding "require[d] a determination that an intent to kill is an element of manslaughter by act." In contrast, the Fifth District opined, based on Taylor, that the words "act" and "procurement" in the manslaughter statute "obviously refer to acts evidencing an intent to kill, as required at common law for voluntary manslaughter." Barton v. State, 507 So.2d 638, 641 (Fla. 5th DCA 1987), rev'd on other grounds, State v. Barton, 523 So.2d 152 (Fla. 1988); see also State v. Sherouse, 536 So.2d 1194, 1194-95 (Fla. 5th DCA 1989) (Cobb, J., concurring). The…
    PAGE 605
  10. Standard Instruct. in Cr. Cases No. 2007-10

    997 So. 2d 403 (Fla. 2008)   Cited 41 times
    However, the defendant cannot be guilty of manslaughter if the killing was either justifiable or excusable homicide as I have previously explained those terms. Give only if 2(a) alleged and proved, and manslaughter is being defined as a lesser included offense of first degree premeditated murder. In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that the defendant had a premeditated intent to cause death , only an intent to commit an act which caused death. See Hall v. State , 951 So.2d 91 (Fla. 2d DCA 2007). Give only if 2b alleged and proved. To "procure" means to persuade, induce, prevail upon or cause a person to do something. Give only if 2c alleged and proved. I will now define "culpable negligence" for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of…