7.5. Felony Murder - Second Degree
This is a Florida Jury Instructions form that can be used for 07 Homicide within Criminal.
Last updated: 2/28/2006
7.5 FELONY MURDER - SECOND DEGREE 782.04(3), Fla. Stat. To prove the crime of Second Degree Felony Murder, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of victim] is dead. 2. a. [The death occurred as a consequence of and while the crime of [crime alleged] was being committed.] b. [The death occurred as a consequence of and while there was an attempt to commit [crime alleged].] c. [The death occurred as a consequence of and while there was an escape from the immediate scene of [crime alleged].] 3. [Name of defendant] was not the person who actually killed [name of victim] but did knowingly aid, abet, counsel, hire or otherwise procure the commission of [crime alleged]. 4. The person who actually killed [name of victim] was not involved in the commission or the attempt to commit the [crime alleged]. <<<<<<<<<********>>>>>>>>>>>>> 2NOTES TO JUDGE: 1. Define the crime alleged. If burglary, also define crime that was object of burglary. 2. If 2b above is given, also define attempt. 3. 4. 5.