Third-Degree Murder

Before a person can be convicted of third-degree murder in Florida, the prosecution must prove the following three things beyond a reasonable doubt:

  1. The victim is dead.
  2. a.   The victim’s death occurred as a consequence of and while the accused individual was engaged in the commission of a crime; or
    b.   The victim’s death occurred as a consequence of and while the accused was attempting to commit a crime; or
    c.   The victim’s death occurred as a consequence of and while the accused, or an accomplice, was escaping from the immediate scene of the crime.
  3. a.   The accused person was the one who actually killed the victim; or
    b.   The victim was killed by a person other than the accused, but both the accused and the person who actually killed the victim were principals in the commission of the crime.

It is not necessary for the prosecution to prove that the killing of the victim was perpetrated with a design to effect death.