7.4. Murder - Second Degree
This is a Florida Jury Instructions form that can be used for 07 Homicide within Criminal.
Last updated: 2/28/2006
7.4 MURDER - SECOND DEGREE 782.04(2), Fla. Stat. " \l 2 To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of victim] is dead. 2. The death was caused by the criminal act of [name of defendant]. 3. There was an unlawful killing of [name of victim] by an act 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 Second Degree Murder, it is not necessary for the State to prove [name of defendant] had intent to cause death.