6.4. Attempted Second Degree Murder
This is a Florida Jury Instructions form that can be used for 06 Attempted Homicide within Criminal.
Last updated: 2/28/2006
6.4 ATTEMPTED SECOND DEGREE MURDER 782.04(2) and 777.04, Fla. Stats. To prove the crime of Attempted Second Degree Murder, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] intentionally committed an act which would have resulted in the death of [name of victim] except that someone prevented [name of defendant] from killing [name of victim] or [name of defendant] failed to do so. 2. The act was imminently dangerous to another and demonstrating a depraved mind without regard for human life. An act includes a series of related actions arising from and performed pursuant to a single design or purpose. An act is imminently dangerous to another and demonstrating a depraved mind if it is an act or series of acts that: 1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and 2. is done from ill will, hatred, spite or an evil intent, and 3. is of such a nature that the act itself indicates an indifference to human life. In order to convict of attempted second degree murder, it is not necessary for the State to prove [name of defendant] had intent to cause death. It is not an attempt to commit second degree murder if [name of defendant] abandoned the attempt to commit the offense or otherwise prevented its commission under circumstances indicating [name of defendants complete and voluntary ]renunciation of a criminal purpose.