7.6. Felony Murder - Third Degree

7.6 FELONY MURDER - THIRD DEGREE 782.04(4), Fla. Stat. To prove the crime of Third Degree Felony Murder, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of victim] is dead. 2. a. [The death occurred as a consequence of and while [name of defendant] was engaged in the commission of [crime alleged].] b. [The death occurred as a consequence of and while [name of defendant] was attempting to commit [crime alleged].] c. [The death occurred as a consequence of and while [name of defendant], or an accomplice, was escaping from the immediate scene of [crime alleged].] 3. a. [[Name of defendant] was the person who actually killed [name of victim].] b. [[Name of victim] was killed by a person other than [name of defendant]; but both [name of defendant] and the person who killed [name of victim] were principals in the commission of [crime alleged].] It is not necessary for the State to prove the killing was perpetrated with a design to effect death. NOTES TO JUDGE: 1. Define the cr ime alleged. 2. If 2b above is given, also define attempt. 3. If 3b above is given, immediately give principal instruction. 4. 5. 6.