In the state of Florida, the common law felony murder rule has been codified in Florida Revised Statutes § 782.04.[1]
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The predicate felonies that will support a charge of first degree murder under the statute are:[2][3]
The statute also punishes as second degree murder the killing of another human being during the commission of a felony that is imminently dangerous to human life. Also, if the defendant was involved in the commission of a predicate felony, but the homicide was perpetrated by another co-felon, the defendant can be charged with second degree murder.[4]
Florida also recognizes the offense of attempted felony murder, codified in FRS § 782.051. The offense punishes those that act in a way that can kill another person during the commission of one of the predicate felonies.[5]
If a person committing a predicate felony directly contributed to the death of the victim then the person will be charged with murder in the first degree - felony murder which is a capital felony. The only two sentences available for that statute are life in prison and the death penalty. [6] [7]
If a person commits a predicate felony, but was not the direct contributor to the death of the victim then the person will be charged with murder in the second degree - felony murder which is a felony of the first degree. The maximum prison term is life. [8][7]