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F.S. 782.11 on Google Scholar

F.S. 782.11 on Casetext

Amendments to 782.11


The 2022 Florida Statutes

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.11 Florida Statutes and Case Law
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.

Statutes updated from Official Statutes on: August 29, 2022
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

782.11 - HOMICIDE-NEGLIG MANSL - UNNECESSARY KILLING TO PREVENT UNLAWFUL ACT - F: S


Civil Citations / Citable Offenses under S782.11
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 782.11.


Annotations, Discussions, Cases:

  1. Cobb v. State

    376 So. 2d 230 (Fla. 1979)   Cited 44 times
    When the words "unnecessarily kill" in section 782.11 are considered together with the remainder of chapter 782, they are sufficiently precise to meet the constitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 or chapter 776, Florida Statutes (1975). Read with these provisions, section 782.11 is not impermissibly vague.
    PAGE 231
  2. State v. Carrizales

    356 So. 2d 274 (Fla. 1978)   Cited 13 times
    By petition for writ of certiorari, the State seeks review of a decision of the District Court of Appeal, Second District, reported at 345 So.2d 1113 (Fla. 2d DCA 1977), which is alleged to be in conflict with Snell v. State, 302 So.2d 770 (Fla. 1st DCA 1974), upon the issue of whether the trial judge must instruct the jury on Section 782.11, Florida Statutes (1975), when the accused's defense is self-defense and where the trial judge instructs on the applicable degrees of homicide, excusable homicide, justifiable homicide, and self-defense. In Snell, the District Court of Appeal, First District, held that the trial judge was not required to instruct on Section 782.11 while in the instant cause, the District Court of Appeal, Second District, found that the judge is so required (Boardman, C.J., dissenting). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution.
  3. Mitchell v. State

    368 So. 2d 607 (Fla. Dist. Ct. App. 1979)   Cited 2 times
    On March 7, 1977, an information was filed charging appellant, an Opa-Locka police officer, with committing the offenses of (1) manslaughter (in violation of Section 782.07, Florida Statutes) and (2) manslaughter by unnecessary killing to prevent an unlawful act (in violation of Section 782.11, Florida Statutes). After a jury trial, appellant was acquitted of the charge of manslaughter under Section 782.07, but was found guilty of manslaughter under Section 782.11. From the ensuing judgment of conviction and sentence, appellant brings this appeal.
  4. Snell v. State

    302 So. 2d 770 (Fla. Dist. Ct. App. 1974)   Cited 3 times
    Appellant interposed a plea of self-defense in the trial below and contends that under the evidence presented, he was entitled to a requested jury instruction under § 782.11, Florida Statutes, which states as follows:
    PAGE 771
  5. Carrizales v. Wainwright

    699 F.2d 1053 (11th Cir. 1983)   Cited 413 times
    Carrizales complains that the state court failed to give a requested jury instruction on the content of Fla.Stat.Ann. § 782.11 (West 1976), which, he says, if applicable, would make the homicide manslaughter, a second degree felony, rather than first degree murder. This section reads:
  6. Hoffman v. State

    708 So. 2d 962 (Fla. Dist. Ct. App. 1998)   Cited 21 times
    An unnecessary killing pursuant to section 782.11 is not the same as a killing in self-defense. Furthermore, a defendant charged with murder who claims self-defense is not entitled to an instruction based on section 782.11 because the standard jury instruction on self-defense adequately covers unnecessary killings under claim of self-defense. State v. Carrizales, 356 So.2d 274 (Fla.), cert. den., 361 So.2d 831(Fla. 1978) The question as to which crime was committed (murder or manslaughter) was properly given to the jury with the issue of whether the shooting was in self-defense.
    PAGE 965
  7. Cobb v. Wainwright

    666 F.2d 966 (5th Cir. 1982)   Cited 18 times
    Applying this standard, we find that Fla.Stat. § 782.11 (1975) is not unconstitutionally vague. Fla.Stat. § 782.11 (1975) is a substantive provision that simply creates another form of manslaughter when any punishable homicide is committed while resisting a victim's attempt to perpetrate an unlawful act. See Mitchell v. State, 368 So.2d 607, 608-09 (Fla.App. 1979) (Schwartz, J., concurring); Carrizales v. State, 345 So.2d 1113, 1115 (Fla.App. 1977), rev'd on other grounds, 356 So.2d 274 (1978), vacated, 357 So.2d 447 (Fla.App. 1978); Whitehead v. State, 245 So.2d 94, 99 (Fla.App. 1971). Under Florida law, a homicide is punishable if it is not justifiable under either Fla.Stat. § 782.02 (1975) or Chapter 776 of the Florida statutes, or is not excusable under Fla.Stat. § 782.03 (1975). Thus, by reading Fla.Stat. § 782.11 in the context of other provisions of the Florida criminal code, a reasonable person can ascertain that the phrase "unnecessarily kill" refers to any homicide not justified or excused under Florida law. We therefore agree with both the district court and Florida Supreme Court that when read within its statutory framework, Fla.Stat. …
    PAGE 970
  8. State v. Kadet

    455 So. 2d 389 (Fla. Dist. Ct. App. 1984)   Cited 1 times
    In Mitchell, the Third District reversed a conviction under section 782.11 where the record before it was devoid of any evidence that the victim had committed a specific felony or unlawful act when he was shot by the defendant. The defendant, a police officer, was charged with (1) manslaughter in violation of section 782.07, Florida Statutes, and (2) manslaughter by unnecessary killing to prevent an unlawful act in violation of section 782.11. After a jury trial, the defendant was acquitted of the charge of manslaughter under section 782.07, but was found guilty of manslaughter under section 782.11. This decision did not include a factual account of what transpired prior to the shooting but held as a matter of law that the conviction could not stand.
    PAGE 390
  9. Carrizales v. State

    345 So. 2d 1113 (Fla. Dist. Ct. App. 1977)   Cited 5 times
    I respectfully dissent from the result reached by the majority. It is my view that the statute proscribing an act constituting an unnecessary killing committed where the defendant was "resisting an attempt by . . . [the victim] to commit any felony . . ." contemplates that the act be done other than in self-defense. Section 782.11, Florida Statutes (1975). It is applicable to a situation such as that in Whitehead where the defendant contended that the death resulted from his efforts to resist an unlawful act. In the case before us appellant does not set forth a Whitehead-type defense, and the facts do not warrant an instruction on Section 782.11.
    PAGE 1116
  10. Falco v. State

    407 So. 2d 203 (Fla. 1981)   Cited 25 times
    When the words "unnecessarily kill" in section 782.11 are considered together with the remainder of chapter 782, they are sufficiently precise to meet the constitutional standard for definiteness in penal statutes. Homicides committed while resisting another's unlawful act are punishable only if not excusable, as provided in section 782.03, Florida Statutes (1975), or if not justifiable, as provided in section 782.02 or chapter 776, Florida Statutes (1975). Read with these provisions, section 782.11 is not impermissibly vague.
    PAGE 206