Felony murder rule (Florida)

The predicate felonies that will support a charge of first degree murder under the statute are:[2][3]

• Drug trafficking
• Arson
• Sexual battery
• Robbery or home invasion robbery
• Burglary
• Kidnapping
• Escape
• Aggravated abuse of a child, elderly person, or disabled adult
• Aircraft piracy
• Unlawful throwing, placing, or discharging of a destructive device or bomb
• Carjacking
• Aggravated stalking
• Murder
• Resisting an officer with violence to his or her person
• Felonious acts of terrorism or in furtherance of an act of terrorism
• Distribution of some controlled substances like cocaine and opium

The statute also punishes as second degree murder the killing of another human being during the commission of a felony that is imminently dangerous to human life. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder.[4]

Florida also recognizes the offense of attempted felony murder, codified in F.S. § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies.[5]

If a person committing a predicate felony directly contributed to the death of the victim then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life in prison and the death penalty.[6][7]

If a person commits a predicate felony, but was not the direct contributor to the death of the victim then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life.[8][7]

• Ryan Holle, criminal defendant whose case involved a controversial application of the felony murder rule
• Jennifer Mee
• Law of Florida

• Text of the statute from the Florida Legislature