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F.S. 782.08 on Google Scholar

F.S. 782.08 on Casetext

Amendments to 782.08


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.08 Florida Statutes and Case Law
782.08 Assisting self-murder.Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 9, ch. 1637, 1868; RS 2385; GS 3210; RGS 5040; CGL 7142; s. 716, ch. 71-136.

Statutes updated from Official Statutes on: August 29, 2022
F.S. 782.08 on Google Scholar

F.S. 782.08 on Casetext

Amendments to 782.08


Arrestable Offenses / Crimes under Fla. Stat. 782.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

782.08 - HOMICIDE-NEGLIG MANSL - ASSISTING IN SELF MURDER - F: S


Civil Citations / Citable Offenses under S782.08
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 782.08.


Annotations, Discussions, Cases:

  1. State v. Sage

    31 Ohio St. 3d 173 (Ohio 1987)   Cited 2,122 times
    "States that have criminalized assisting suicide as a specific offense include Cal. Penal Code § 401 (West 1970); Conn. Gen. Stat. § 53a-56 (West 1981); Del. Code Ann. tit. 11, § 645 (1979); Fla. Stat. Ann. § 782.08 (West 1976); Kan. Stat. Ann. § 21-3406 (1981); Me. Rev. Stat. Ann. tit. 17-A, § 204 (1982); Minn. Stat. Ann. § 609.215 (West 1964); Miss. Code Ann. § 97-3-49 (1972); Mo. Ann. Stat. § 565.021 (Vernon 1979); Mont. Code Ann. § 45-5-105 (1981); Neb. Rev. Stat. § 28-307 (1979); N.J. Stat. Ann. § 2C:11-6 (West 1981); N.M. Stat. Ann. § 30-2-4 (1978); N Y Penal Law § 120.30 (McKinney 1975); Okla. Stat. Ann. tit. 21, §§ 813-818 (West 1958 Supp. 1981-1982); 18 Pa. Cons. Stat. Ann. § 2505 (Purdon 1973); P.R. Laws Ann. tit. 33, § 1385 (1969); S.D. Codified Laws Ann. § 22-16-37 (1979); Tex. Penal Code Ann. § 22.08 (Vernon 1974); Wash. Rev. Code Ann. § 9A.36.060 (1977); Wis. Stat. Ann. § 940.12 (West 1982)."
    PAGE 178
  2. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,455 times   4 Legal Analyses
    Numerous States have enacted statutes prohibiting assisting a suicide. See, e.g., Alaska Stat. Ann. § 11.41.120(a)(2) (1996); Ariz. Rev. Stat. Ann. § 13-1103(A)(3) (Supp. 1996-1997); Ark. Code Ann. § 5-10-104(a)(2) (1993); Cal. Penal Code Ann. § 401 (West 1988); Colo. Rev. Stat. § 18-3-104(1)(b) (Supp. 1996); Conn. Gen. Stat. § 53a-56(a)(2) (1997); Del. Code Ann., Tit. 11, § 645 (1995); Fla. Stat. § 782.08 (1991); Ga. Code Ann. § 16-5-5(b) (1996); Haw. Rev. Stat. § 707-702(1)(b) (1993); Ill. Comp. Stat., ch. 720, § 5/12-31 (1993); Ind. Code §§ 35-42-1-2 to 35-42-1-2.5 (1994 and Supp. 1996); Iowa Code Ann. § 707A.2 (West Supp. 1997); Kan. Stat. Ann. § 21-3406 (1995); Ky. Rev. Stat. Ann. § 216.302 (Michie 1994); La. Rev. Stat. Ann. § 14:32.12 (West Supp. 1997); Me. Rev. Stat. Ann., Tit. 17-A, § 204 (1983); Mich. Comp. Laws Ann. § 752.1027 (West Supp. 1997-1998); Minn. Stat. § 609.215 (1996); Miss. Code Ann. § 97-3-49 (1994); Mo. Rev. Stat. § 565.023.1(2) (1994); Mont. Code Ann. § 45-5-105 (1995); Neb. Rev. Stat. § 28-307 (1995); N. H. Rev. Stat. Ann. § 630:4 (1996); N.J. Stat. Ann. § 2C:11-6 (West 1995); N.M. Stat. Ann. § 30-2-4 (1996); N.Y. Penal Law § 120.30 (McKinney…
    PAGE 775
  3. In re Ryan N.

    92 Cal.App.4th 1359 (Cal. Ct. App. 2001)   Cited 365 times
    The crime is punishable by a state prison term of sixteen months, two years, or three years. (§ 18.) California is actually among the most lenient jurisdictions in its criminalization and punishment of assisted suicide. ( In re Joseph G., supra, 34 Cal.3d at p. 435.) A minority of states continue to treat aiding a completed suicide as a form of homicide, either manslaughter or murder. ( Criminal Liability for Assisting Suicide, supra, 86 Colum. L.Rev. at pp. 350-354; see Ariz. Rev. Stat. Ann., § 13-1103(A); Conn. Gen. Stat. Ann., § 53a-56(a); Fla. Stat. Ann., § 782.08; Mont. Code Ann., §§ 45-2-201, 45-2-302, 45-5-102, 45-5-103; N.Y. Pen. Law, § 125.15; Or. Rev. Stat., § 163.125(1).)
    PAGE 1374
  4. State v. Adams

    683 So. 2d 517 (Fla. Dist. Ct. App. 1996)   Cited 4 times
    Against this backdrop, it is readily apparent that the legislature abrogated the common law crime of being a principal to suicide by enacting section 782.08. The statute directly relates to the same subject matter covered by the common law crime by criminally proscribing and punishing the same type of conduct. Cf. In re Joseph G., 34 Cal.3d 429, 194 Cal.Rptr. 163, 166, 667 P.2d 1176, 1179 (1983) (predominant statutory scheme in the United States is to create a sui generis crime of aiding and abetting suicide which, in some states, is punishable as a unique type of manslaughter). Thus, while we do not adopt the trial court's reasoning in support of its dismissal of count two, we do conclude that dismissal was appropriate in that section 782.08 now controls over the common law within the operational sphere of prosecuting and punishing the conduct of deliberately assisting self-murder. See DeGeorge v. State, 358 So.2d 217, 220 (Fla. 4th DCA 1978).
    PAGE 522
  5. Mahorner v. State

    Case No. 3:08-cv-300-J-33TEM (M.D. Fla. Jul. 14, 2008)
    Plaintiff asserts a number of arguments in his challenge of Florida's Assisted-Suicide Statute, Section 782.08. Prominently, Plaintiff asserts that Florida's Assisted-Suicide Statute violates the Equal Protection Clause as well as the Due Process Clause of the Fourteenth Amendment. Notably, Plaintiff argues:
    PAGE 3
  6. Krischer v. McIver

    697 So. 2d 97 (Fla. 1997)   Cited 20 times
    We reverse the judgment of the trial court and uphold the constitutionality of section 782.08.
    PAGE 104
  7. In re Standard Jury Instructions in Criminal Cases

    272 So. 3d 1210 (Fla. 2019)   Cited 2 times
    Lastly, new instruction 7.7(c) is added to instruct upon the offenses of assisting self-murder. See § 782.08, Fla. Stat. (2018).
  8. Satz v. Perlmutter

    362 So. 2d 160 (Fla. Dist. Ct. App. 1978)   Cited 44 times
    The State's position is that it (1) has an overriding duty to preserve life, and (2) that termination of supportive care, whether it be by the patient, his family or medical personnel, is an unlawful killing of a human being under the Florida Murder Statute Section 782.04, Florida Statutes (1977) or Manslaughter under Section 782.08. The hospital, and its doctors, while not insensitive to this tragedy, fear not only criminal prosecution if they aid in removal of the mechanical device, but also civil liability. In the absence of prior Florida law on the subject, their fears cannot be discounted.
    PAGE 162
  9. In re Guardianship of Browning

    568 So. 2d 4 (Fla. 1990)   Cited 69 times
    The Ethics and Advocacy Task Force, as amicus curiae, raises a very legitimate concern that the "right to die" could become a license to kill. There are times when some people believe that another would be "better off dead" even though the other person is still fighting vigorously to live. Euthanasia is a crime in this state. § 782.08, Fla. Stat. (1987). See § 765.11(1), Fla. Stat. (1987). Despite the tremendous advances achieved in this century, the world has witnessed the extermination of retarded and mentally disturbed persons for whom a foreign government decided that death was the proper prescription. Thus, it cannot be overemphasized that the remedy announced in this opinion and the procedures designed to safeguard that remedy are based upon the patient's right to make a personal and private decision and not upon other interests.
    PAGE 13
  10. N. Am. Co. for Life & Health Ins. v. Caldwell

    580 F. Supp. 3d 1265 (S.D. Fla. 2022)
    Additional authorities reinforce the common-sense notion that "suicide" refers to the death of a party by his own act. In Bigelow v. Berkshire Life Ins. Co. , 93 U.S. 284, 23 L.Ed. 918 (1876), for example, a life insurance case concerning a suicide exclusion, the Supreme Court referred to the terms "suicide" and "dying by one's own hand" as synonymous in the insurance context, further describing "suicide" as "self-murder." Id. at 286. Florida's criminal code similarly refers to "self-murder" as "the voluntary and intentional taking of one's own life." Fla. Stat § 782.08(1)(a)(b). And Florida courts consistently have distinguished between "self-murder" and "assisted self-murder" to emphasize that the former act occurs when the decedent takes his own life, as opposed to when someone else carries out the fatal act. As a point of reference, in Ragan v. State , the Second District Court of Appeals summarized Florida jurisprudence regarding the criminal offense of assisting self-murder, discussing the Florida Supreme Court's decision in Patrick v. State, 117 Fla. 432, 158 So. 101 (Fla. 1934) :
    PAGE 1270