Second-Degree Murder

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

1. The victim is dead.
2. The victim’s death was caused by the criminal act of the accused.
3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:

1. A person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
2. Is done from ill will, hatred, spite, or an evil intent, and
3. Is of such a nature that the act itself indicates an indifference to human life.

In order to convict someone of second-degree murder, it is not necessary for the prosecutor to prove that the accused person had an intent to cause the victim’s death.