Business Law 101 / Chapter 782- Homicide

By Albert L. Kelley, Esq.

 

When it comes to crime, this is the biggie. You will never see NCIS spend an episode on shoplifters, but you can watch Murder She Wrote or How To Get Away With Murder. This week we even have the Key West Mystery Fest, to teach authors how to write about homicide.

First, we need to know that not all homicide is unlawful. If a person is killed by accident due to another person acting lawfully using ordinary caution, it is excusable. It is also excusable if the death occurs “in the heart of passion” upon sudden and sufficient provocation. This means something which would naturally produce the highest degree of anger so intense as to overcome or suspend the use of ordinary judgment and to render the mind of an ordinary person incapable of calm reflection.

When death occurs by premeditation, or while the offender is committing or attempting to commit the felonies of trafficking, arson, sexual battery, robbery, burglary, kidnapping, abuse of a child or the elderly, piracy, throwing a bomb, carjacking, stalking, resisting an officer, fleeing or eluding, or terrorism, or when it occurs from the unlawful distributing of a controlled substance, it is deemed murder in the first degree- a capital crime.

If a death occurs due to an inherently dangerous action that indicates the person was acting with ill will, hatred, spite or evil intent, or if the person was participating in the commission of one of the above listed felonies and his co-offender causes the death of someone, it is considered murder in the second degree, which strangely enough is a first degree felony.

If an accidental death occurs while committing or attempting to commit any felony other than the ones listed above felonies, or as a result of the unlawful distribution of cocaine or opium, it is deemed murder in the third degree, which is a second degree felony.

In each of the above situations, if the victim was a law enforcement officer in the line of duty, and the State does not seek the death penalty, the punishment shall be life imprisonment without parole.

If during the commission or attempted commission of one of the above felonies, there is an activity that could lead to the death of another, but does not, the offender can be charged with attempted felony murder, which is a first degree felony if it is one of the above listed felonies, or a second degree felony if the commission is of any other felony.

When there is a death due to negligence, and it does not fall into the category of excusable homicide, the offender commits manslaughter, which is deemed a second degree felony. If the victim is elderly, disabled, a child or a first responder, then it is called aggravated manslaughter and is a first degree felony.

If a death occurs due to the reckless operation of a boat or car, it is deemed vessel or vehicular homicide. This is generally deemed a second degree felony, unless the offender knew the accident occurred and failed to give information or render aide, regardless of whether they knew an injury or death occurred in which case it is a first degree felony.

Unlike some states, Florida does not allow assisted suicide. Any person assisting in the suicide of another is guilty of manslaughter. It is also considered manslaughter if you kill another person needlessly to protect yourself or to prevent the commission of a felony.

Finally, the statute discusses the killing of an unborn child. If an injury or death of the mother results in the death of an unborn child, the death of the child can also be charged to the same level as the death of the mother. The statute also outlaws partial-birth abortions, meaning the death of the fetus during delivery, but does not address other abortion issues.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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