To prove the crime of First Degree Premeditated Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the criminal act of (defendant).
3. There was a premeditated killing of (victim).
Definitions.
An act includes a series of related actions arising from and performed pursuant to a single design or purpose.
Killing with premeditation is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing.
Transferred intent. Give if applicable.
If a person has a premeditated design to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated.
Lesser Included Offenses
Lesser Included Offenses
FIRST DEGREE (PREMEDITATED) MURDER -- 782.04(1)(a)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Second degree (depraved mind) murder 782.04(2) 7.4
Manslaughter 782.07 7.7
Second degree (felony) murder 782.04(3) 7.5
Third degree (felony) murder 782.04(4) 7.6
Vehicular homicide 782.071 7.9
Aggravated assault 784.021 8.2
Aggravated battery 784.045 8.4
Assault 784.011 8.1
Battery 784.03 8.3
Felony battery 784.041 8.5
Culpable negligence 784.05(2) 8.9
Culpable negligence 784.05(1) 8.9
Attempted second degree murder 782.04(2) & 777.04 6.4
Attempted voluntary manslaughter 782.07 & 777.04 6.6
Comment
This instruction was adopted in 1981 and was amended in October 1981, and July 1997, and 2008.
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