BBM: But in the case of the death of a child with an underlying factor of aggravated child abuse (i.e drugging/tranquilizing) it does not matter your intent but only the RESULT.
Consider:
(1) "Child abuse" means:
(a) Intentional infliction of physical or mental injury upon a child;
(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child;
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
(2) "Aggravated child abuse" occurs when a person:
(a) Commits aggravated battery on a child;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child;
(
c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
To convict of 2.c. (which seems most apt) 1.b. need be established. Tranquilizing a child is an intentional act; that's established.
What I'm not so sure about is, "reasonably be expected to result in physical injury." Whose reasonableness are we referring to? If it's what the jury deems reasonable, then okay. But aren't we talking about what's reasonable to the mind of the perpetrator? If she's drugged her child before without a physical injury occurring, wouldn't she 'expect' a physical injury not occur rather than occur?
I'm still not certain of:
782.04 Murder
(2) The 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. 775.082, s. 775.083, or s. 775.084.
If she was trying to sedate (an act imminently dangerous to another) and death resulted, 2nd degree would seem to apply.
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0782/SEC04.HTM&Title=->2009->Ch0782->Section%2004#0782.04