Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 782.11 | Lawyer Caselaw & Research
F.S. 782.11 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 782.11

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.11
782.11 Unnecessary killing to prevent unlawful act.Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed 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. 13, ch. 1637, 1868; RS 2388; GS 3213; RGS 5043; CGL 7145; s. 719, ch. 71-136.

F.S. 782.11 on Google Scholar

F.S. 782.11 on Casetext

Amendments to 782.11


Arrestable Offenses / Crimes under Fla. Stat. 782.11
Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.11 - HOMICIDE-NEGLIG MANSL - UNNECESSARY KILLING TO PREVENT UNLAWFUL ACT - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

SANCHEZ- TORIBIO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, 557 F. Supp. 2d 1322 (M.D. Fla. 2008)

. . . argued that the trial court erred by: (1) failing to instruct the jury on manslaughter pursuant to § 782.11 . . .

MATTIER, v. STATE, 711 So. 2d 256 (Fla. Dist. Ct. App. 1998)

. . . See § 782.11, Fla. Stat. (1997). . . .

HOFFMAN, v. STATE, 708 So. 2d 962 (Fla. Dist. Ct. App. 1998)

. . . Alternatively, appellant argues that, pursuant to section 782.11, Florida Statutes (1994), the motion . . . An unnecessary killing pursuant to section 782.11 is not the same as a killing in self-defense. . . . defendant charged with murder who claims self-defense is not entitled to an instruction based on section 782.11 . . . The 1994 version of section 782.11 provides, "Whoever shall unnecessarily kill another, either while . . .

WHITE, v. STATE, 666 So. 2d 895 (Fla. 1996)

. . . . § 782.11 (unnecessary killing to prevent an unlawful act). . . .

L. HOPE, v. STATE, 655 So. 2d 1141 (Fla. Dist. Ct. App. 1995)

. . . appellant contends that the trial court should have instructed the jury on manslaughter pursuant to section 782.11 . . . has used all reasonable means to avoid the danger and is not entitled to instruction based on section 782.11 . . .

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

. . . . § 782.11 which is entitled Unnecessary Killing to Prevent Unlawful Act. Fla. . . . . §782.11 does not apply under the circumstances here. . . . Stat. § 782.11, the killing would have to occur while the deceased was in the actual act of robbing the . . .

KIRKLAND, v. STATE, 478 So. 2d 1092 (Fla. Dist. Ct. App. 1985)

. . . held a trial court is not required to instruct the jury on “unnecessary killing” pursuant to Section 782.11 . . .

STATE v. G. KADET,, 455 So. 2d 389 (Fla. Dist. Ct. App. 1984)

. . . charged Officer Edward Kadet with unnecessary killing to prevent an unlawful act, a violation of section 782.11 . . . independent from one directed at the eventual defendant, here Officer Kadet, the provisions of section 782.11 . . . Section 782.11 provides as follows: Whoever shall unnecessarily kill another, either while resisting . . . In Cobb, the Florida Supreme Court upheld a conviction for unnecessary killing pursuant to section 782.11 . . . In Mitchell, the Third District reversed a conviction under section 782.11 where the record before it . . .

M. NIBLACK, v. STATE, 451 So. 2d 539 (Fla. Dist. Ct. App. 1984)

. . . The trial judge, who initially had instructed on second degree murder, manslaughter under section 782.11 . . . 231 (Fla.1979) (homicide committed while resisting another’s unlawful act is punishable under section 782.11 . . .

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

. . . unborn quick child (§ 782.09, Fla.Stat. (1981)), unnecessary killing to prevent an unlawful act (§ 782.11 . . . See §§ 782.08, 782.09, 782.11, Fla.Stat. (1981); § 316.1931(2), Fla.Stat. (Supp. 1982). . . . .

CARRIZALES, v. L. WAINWRIGHT,, 699 F.2d 1053 (11th Cir. 1983)

. . . . § 782.11 (West 1976), which, he says, if applicable, would make the homicide manslaughter, a second . . . not error for the trial judge to refuse the instruction, and that the defense incorporated in section 782.11 . . . The pronouncement by the Florida Supreme Court that section 782.11 does not encompass the defense presented . . . rendered fundamentally unfair by the failure of the trial court to give the instruction on section 782.11 . . .

In E. McCORMICK, a k a a k a Ed MICHIGAN NATIONAL BANK OF DETROIT, a v. E. McCORMICK, L., 26 B.R. 869 (Bankr. E.D. Mich. 1983)

. . . MNBD asserts that the total amount of the above loans is $49,-782.11. . . .

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

. . . . § 782.11 (1975) and was sentenced to fifteen years imprisonment. . . . . § 782.11 (1975) is unconstitutionally vague and because the prosecution’s evidence was insufficient . . . The jury found Cobb guilty of unnecessarily killing Eldridge in violation of Fla.Stat. § 782.11 (1975 . . . Applying this standard, we find that Fla.Stat. § 782.11 (1975) is not unconstitutionally vague. . . . Stat. § 782.11 (1975). AFFIRMED. . . . .

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

. . . Cobb involved a vagueness challenge against section 782.11, Florida Statutes, which makes it a felony . . . In upholding the validity of that statute we stated: When the words “unnecessarily kill” in section 782.11 . . . Read with these provisions, section 782.11 is not impermissibly vague. Id. at 231 (emphasis added). . . .

HUNTER, Jr. v. STATE, 378 So. 2d 845 (Fla. Dist. Ct. App. 1979)

. . . opinion, the evidence did not support appellant’s requested instruction on manslaughter as defined in § 782.11 . . .

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

. . . The court directly and initially passed on the validity of section 782.11, Florida Statutes (1975), which . . . Cobb first asserts that section 782.11 is unconstitutionally vague, in that the phrase “unnecessarily . . . When the words “unnecessarily kill” in section 782.11 are considered together with the remainder of chapter . . . Read with these provisions, section 782.11 is not impermissi-bly vague. . . . These instructions need not be applicable to every prosecution under section 782.11. . Cf. . . . I agree that section 782.11 is constitutional; however, I believe that the uncontra-dicted evidence in . . .

D. MITCHELL, v. STATE, 368 So. 2d 607 (Fla. Dist. Ct. App. 1979)

. . . Statutes) and (2) manslaughter by unnecessary killing to prevent an unlawful act (in violation of Section 782.11 . . . the charge of manslaughter under Section 782.07, but was found guilty of manslaughter under Section 782.11 . . . the charge of manslaughter by unnecessary killing to prevent an unlawful act in violation of Section 782.11 . . . Absent any proof of this essential element, appellant could not be properly convicted under Section 782.11 . . . the jury on all of the essential elements required to sustain a manslaughter conviction under Section 782.11 . . . In my view, Section 782.11, Florida Statutes (1975) does not apply, as a matter of law, to a case, such . . . Carrizales, 356 So.2d 274 (Fla.1978), the supreme court held that Section 782.11, Florida Statutes (1975 . . . The purpose of Section 782.11, Florida Statutes (1975) is to reduce the charge, and therefore the penalty . . .

STATE v. CARRIZALES,, 356 So. 2d 274 (Fla. 1978)

. . . 770 (Fla. 1st DCA 1974), upon the issue of whether the trial judge must instruct the jury on Section 782.11 . . . Court of Appeal, First District, held that the trial judge was not required to instruct on Section 782.11 . . . During the charge conference, counsel for respondent requested a jury instruction on Section 782.11, . . . remanding for a new trial on the grounds that respondent was entitled to a jury instruction on Section 782.11 . . . If, however, § 782.11, Florida Statutes were applicable in such a case and the court charged the jury . . .

CARRIZALES, v. STATE, 345 So. 2d 1113 (Fla. Dist. Ct. App. 1977)

. . . Section 782.11, Florida Statutes (1975). . . . does not set forth a Whitehead -type defense, and the facts do not warrant an instruction on Section 782.11 . . . Appellant contends that the trial court erred in refusing to instruct the jury on Section 782.11, Florida . . . The trial judge refused appellant’s request to instruct the jury on the provisions of Section 782.11, . . . homicide, and self-defense; however, appellant contends that had the court also instructed on Section 782.11 . . . The court there held that Section 782.11 defines a particular substantive offense of manslaughter in . . . We believe the legislative intent of Section 782.11 was to reduce the punishment of a defendant where . . .

SNELL, v. STATE, 302 So. 2d 770 (Fla. Dist. Ct. App. 1974)

. . . refused a requested instruction on unnecessary killing to prevent an unlawful act, Florida Statute 782.11 . . . contends that under the evidence presented, he was entitled to a requested jury instruction under § 782.11 . . .

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

. . . We further observe that correc-tively the provisions of § 782.11, F.S.A., are also applicable to this . . . to kill “Rocky” Doss in attempting to preserve the peace, and they were also fully charged under § 782.11 . . . defined “justifiable homicide” as provided in § 782.02(2), F.S.A., and charged on the provisions of § 782.11 . . . As to the omission to charge on § 782.11, supra, while not of itself reversible when no request is made . . .