Fla. Std. Jury Instr. (Crim.) 7.7

§ 782.07, Fla. Stat.

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

1. (Victim) is dead.

Give as applicable.

2. a. (Defendant) intentionally committed an act or acts that caused the death of (victim).

b. (Defendant) intentionally procured an act that caused the death of (victim).

c. The death of (victim) was caused by the culpable negligence of (defendant).

The explanations of justifiable homicide and excusable homicide are in instruction 7.1, Introduction to Homicide.

Every person has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. The defendant cannot be guilty of Manslaughter by committing a merely negligent act or if the killing was justifiable or excusable homicide, as I have previously instructed you.

To convict of Manslaughter, it is not necessary for the State to prove that the defendant had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable, and which caused death.

Give only if element 2b is applicable.

To “procure” means to persuade, induce, prevail upon or cause a person to do something.

Give only if element 2c is applicable.

I will now define “culpable negligence” for you. As I have said, every person has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. For negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life or a grossly careless disregard for the safety and welfare of the public.

The negligent act or omission must have been committed with an utter disregard for the safety of another. Culpable negligence is consciously doing an act or following a course of conduct that the defendant knew or reasonably should have known was likely to cause death or great bodily injury.

Lesser Included Offenses

MANSLAUGHTER 782.07

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Vehicular homicide

782.071

7.9

Vessel homicide

782.072

7.9

Third Degree Felony Murder

782.04(4)

7.6

Death Caused by the Unlawful Distribution by a Person Less than 18 Years of Age of [Name of Enumerated Controlled Substance(s))

782.04(5)(b)

7.3(b)

Non-homicide lessers*

Attempt**

777.04(1)

5.1

Aggravated assault

784.021

8.2

Battery

784.03

8.3

Assault

784.011

8.1

Culpable negligence

784.05

8.9