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- 1(1)(a) 2The unlawful killing of a human being:91. 10When perpetrated from a premeditated design to effect the death of the person killed or any human being;282. 29When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:46a. 47Trafficking offense prohibited by s. 52893.135(1),53b. 54Arson,55c. 56Sexual battery,58d. 59Robbery,60e. 61Burglary,62f. 63Kidnapping,64g. 65Escape,66h. 67Aggravated child abuse,70i. 71Aggravated abuse of an elderly person or disabled adult,80j. 81Aircraft piracy,83k. 84Unlawful throwing, placing, or discharging of a destructive device or bomb,95l. 96Carjacking,97m. 98Home-invasion robbery,100n. 101Aggravated stalking,103o. 104Murder of another human being,109p. 110Resisting an officer with violence to his or her person,120q. 121Aggravated fleeing or eluding with serious bodily injury or death,131r. 132Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 153775.30, 154s. 155775.32, 156s. 157775.33, 158s. 159775.34, 160or s. 162775.35, 163or164s. 165Human trafficking; or1683. 169Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to be the proximate cause of the death of the user:216a. 217A substance controlled under s. 222893.03(1);223b. 224Cocaine, as described in s. 229893.03(2)(a)4230.;231c. 232Opium or any synthetic or natural salt, compound, derivative, or preparation of opium;245d. 246Methadone;247e. 248Alfentanil, as described in s. 253893.03(2)(b)1254.;255f. 256Carfentanil, as described in s. 261893.03(2)(b)6262.;263g. 264Fentanyl, as described in s. 269893.03(2)(b)9270.;271h. 272Sufentanil, as described in s. 277893.03(2)(b)30278.; or280i. 281A controlled substance analog, as described in s. 289893.0356, 290of any substance specified in sub-subparagraphs a.-h.,
297is murder in the first degree and constitutes a capital felony, punishable as provided in s. 313775.082314.
315(b) 316In all cases under this section, the procedure set forth in s. 328921.141 329shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause.414(2) 415The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 483775.082, 484s. 485775.083, 486or s. 488775.084489.490(3) 491When a human being is killed during the perpetration of, or during the attempt to perpetrate, any:508(a) 509Trafficking offense prohibited by s. 514893.135(1),515(b) 516Arson,517(c) 518Sexual battery,520(d) 521Robbery,522(e) 523Burglary,524(f) 525Kidnapping,526(g) 527Escape,528(h) 529Aggravated child abuse,532(i) 533Aggravated abuse of an elderly person or disabled adult,542(j) 543Aircraft piracy,545(k) 546Unlawful throwing, placing, or discharging of a destructive device or bomb,557(l) 558Carjacking,559(m) 560Home-invasion robbery,562(n) 563Aggravated stalking,565(o) 566Murder of another human being,571(p) 572Aggravated fleeing or eluding with serious bodily injury or death,582(q) 583Resisting an officer with violence to his or her person, or594(r) 595Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 616775.30, 617s. 618775.32, 619s. 620775.33, 621s. 622775.34, 623or s. 625775.35,626by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 685775.082, 686s. 687775.083, 688or s. 690775.084691.
692(4) 693The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:727(a) 728Trafficking offense prohibited by s. 733893.135(1),734(b) 735Arson,736(c) 737Sexual battery,739(d) 740Robbery,741(e) 742Burglary,743(f) 744Kidnapping,745(g) 746Escape,747(h) 748Aggravated child abuse,751(i) 752Aggravated abuse of an elderly person or disabled adult,761(j) 762Aircraft piracy,764(k) 765Unlawful throwing, placing, or discharging of a destructive device or bomb,776(l) 777Unlawful distribution of any substance controlled under s. 785893.03(1), 786cocaine as described in s. 791893.03(2)(a)4792., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,832(m) 833Carjacking,834(n) 835Home-invasion robbery,837(o) 838Aggravated stalking,840(p) 841Murder of another human being,846(q) 847Aggravated fleeing or eluding with serious bodily injury or death,857(r) 858Resisting an officer with violence to his or her person, or869(s) 870Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 891775.30, 892s. 893775.32, 894s. 895775.33, 896s. 897775.34, 898or s. 900775.35,901is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 920775.082, 921s. 922775.083, 923or s. 925775.084926.
927(5) 928As used in this section, the term “terrorism” means an activity that:940(a)1. 941Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or9692. 970Involves a violation of s. 975815.06; 976and977(b) 978Is intended to:9811. 982Intimidate, injure, or coerce a civilian population;9892. 990Influence the policy of a government by intimidation or coercion; or10013. 1002Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy.
History.-s. 2, ch. 1637, 1868; RS 2380; GS 3205; RGS 5035; s. 1, ch. 8470, 1921; CGL 7137; s. 1, ch. 28023, 1953; s. 712, ch. 71-136; s. 3, ch. 72-724; s. 14, ch. 74-383; s. 6, ch. 75-298; s. 1, ch. 76-141; s. 290, ch. 79-400; s. 1, ch. 82-4; s. 1, ch. 82-69; s. 1, ch. 84-16; s. 6, ch. 87-243; ss. 2, 4, ch. 89-281; s. 4, ch. 90-112; s. 3, ch. 93-212; s. 11, ch. 95-195; s. 18, ch. 96-322; s. 1, ch. 98-417; s. 10, ch. 99-188; s. 16, ch. 2000-320; s. 2, ch. 2001-236; s. 2, ch. 2001-357; s. 1, ch. 2002-212; s. 12, ch. 2005-128; s. 1, ch. 2010-121; s. 2, ch. 2012-21; s. 4, ch. 2014-176; s. 9, ch. 2015-34; s. 2, ch. 2016-13; s. 2, ch. 2016-24; s. 24, ch. 2016-105; s. 4, ch. 2017-1; s. 7, ch. 2017-37; s. 2, ch. 2017-107; s. 17, ch. 2018-13; ss. 114, 122, ch. 2019-167.
