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Florida Statute 782.09 | Lawyer Caselaw & Research
F.S. 782.09 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 782.09

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 782
HOMICIDE
View Entire Chapter
F.S. 782.09
782.09 Killing of unborn child by injury to mother.
(1) The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother:
(a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082.
(b) Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section.
(4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390.
(5) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5).
History.s. 10, ch. 1637, 1868; RS 2386; GS 3211; RGS 5041; CGL 7143; s. 717, ch. 71-136; s. 2, ch. 2005-119; s. 6, ch. 2014-194.

F.S. 782.09 on Google Scholar

F.S. 782.09 on Casetext

Amendments to 782.09


Arrestable Offenses / Crimes under Fla. Stat. 782.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S782.09 - HOMICIDE-NEGLIG MANSL - RENUMBERED SEE 782.09(2) REC#5859 - F: S
S782.09 1a - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 1ST DEGREE - F: C
S782.09 1b - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 2ND DEGREE - F: F
S782.09 1c - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD 3RD DEGREE - F: S
S782.09 2 - HOMICIDE - INJURE MOTHER KILL UNBORN CHILD MANSLAUGHTER - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

WYCHE, v. STATE, 232 So. 3d 1117 (Fla. Dist. Ct. App. 2017)

. . . The Florida Legislature enacted section 782.09, Florida Statutes, commonly referred to as the feticide . . . which would be murder if it resulted in the death of such mother, shall be deemed manslaughter.” § 782.09 . . . in the second degree if it resulted in the mother’s death commits murder in the second degree .... § 782.09 . . . “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.” § 782.09 . . . Legislature abrogated the common law when it enacted the 2013 version of the feticide statute, section 782.09 . . . member[s] of the species Homo sapiens, at any stage of development, who is carried in the womb.” §§ 782.09 . . .

In GUARDIANSHIP OF J. D. S. v., 864 So. 2d 534 (Fla. Dist. Ct. App. 2004)

. . . For example, the Florida Legislature has addressed the killing of an unborn child by enacting section 782.09 . . . the killing of a human being, or the killing of a viable fetus” by operation of a motor vehicle); § 782.09 . . .

STATE v. M. ASHLEY,, 670 So. 2d 1087 (Fla. Dist. Ct. App. 1996)

. . . not been abrogated by the adoption of the feticide and termination of pregnancy statutes, sections 782.09 . . .

WHITE, v. STATE, 666 So. 2d 895 (Fla. 1996)

. . . . § 782.09 (the willful killing of an unborn quick child); Id. § 782.11 (unnecessary killing to prevent . . .

YOUNG, v. ST. VINCENT S MEDICAL CENTER, INC. d b a St. s d b a, 653 So. 2d 499 (Fla. Dist. Ct. App. 1995)

. . . For example, section 782.09 provides that the “willful killing of an unborn, quick child ... shall be . . .

KNIGHTON, v. STATE, 603 So. 2d 71 (Fla. Dist. Ct. App. 1992)

. . . rule has been abrogated in Florida by the feticide and termination-of-pregnancy statutes, sections 782.09 . . . Section 782.09 provides that the willful killing of an unborn quick child by an injury to the mother, . . . Although appellant argues the abrogation of the common law born-alive rule by sections 782.09 and 390.001 . . . has provided protections for unborn fetuses only in the limited circumstances set forth in sections 782.09 . . .

STATE v. GONZALEZ,, 467 So. 2d 723 (Fla. Dist. Ct. App. 1985)

. . . .-001(2) and 782.09. . . . The better reasoning is that the Legislature believes §§ 390.001(10) and 782.09 (the current feticide . . . was sufficient to constitute probable cause against the defendant for violation of §§ 390.001(2) and 782.09 . . .

STATE v. McCALL,, 458 So. 2d 875 (Fla. Dist. Ct. App. 1984)

. . . Section 782.09, Florida Statutes (1983), provides: 782.09 Killing of unborn child by injury to mother . . .

LOVE, v. STATE, 450 So. 2d 1191 (Fla. Dist. Ct. App. 1984)

. . . This position is also supported by resort to Section 782.09, Florida Statutes (1981), which provides . . . as follows: 782.09 Killing of unborn child by injury to mother The willful killing of an unborn quick . . .

A. RODRIGUEZ, v. STATE, 443 So. 2d 286 (Fla. Dist. Ct. App. 1983)

. . . .-08, Fla.Stat. (1981)), the willful killing of an unborn quick child (§ 782.09, Fla.Stat. (1981)), unnecessary . . . See §§ 782.08, 782.09, 782.11, Fla.Stat. (1981); § 316.1931(2), Fla.Stat. (Supp. 1982). . . . .

STATE OF FLORIDA v. GONZALEZ, 2 Fla. Supp. 2d 49 (Fla. Cir. Ct. 1982)

. . . The better reasoning is that the Legislature believes §390.001(10) and 782.09 (the current feticide statute . . .

STERN v. MILLER,, 348 So. 2d 303 (Fla. 1977)

. . . Section 782.09, Florida Statutes (1975), provides for criminal penalties for the willful killing of an . . .

ROE v. WADE, DISTRICT ATTORNEY OF DALLAS COUNTY, 410 U.S. 113 (U.S. 1973)

. . . . §§ 782.09, 782.10, 797.01, 797.02, 782.16 (1965). 8. Georgia — Ga. Pen. . . .

WHITEHEAD, v. STATE, 245 So. 2d 94 (Fla. Dist. Ct. App. 1971)

. . . See, e. g., (§§ 782.08, 782.09, 782.10, 782.12, 782.13, 782.14, 782.15 and 860.01) . Brown v. . . .