Florida Capital Punishment Laws
|Code Section||775.082, 782.04(1); 921.141; 922.07; 922.10 et seq.; 921.142; 922.08|
|Is Capital Punishment Allowed?||Yes|
|Effect of Defendant's Incapacity||Exempt from execution if insane or pregnant for duration of condition|
|Minimum Age||No minimum age|
|Available for Crimes Other than Homicide?||May apply to capital drug trafficking|
|Definition of Capital Homicide||Capital felony committed by person serving sentence of imprisonment or under community control; previous capital felony or felony using or threat of violence; knowingly created great risk of death to many persons; the capital felony was committed while defendant was engaged in, was an accomplice, in commission of or attempt to commit or flight after committing or attempt to commit any robbery, sexual battery, aggravated child abuse, aggravated abuse of a disabled or elderly person, aggravated stalking, carjacking, arson, burglary, kidnapping, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bombings; capital felony for purposes of avoiding lawful arrest or effecting escape from custody; capital felony for pecuniary gain; capital felony to hinder lawful exercise of governmental function or enforcement of laws; capital felony especially heinous, atrocious or cruel; premeditated homicide; victim of capital felony was public official or law enforcement officer engaged in official duties; victim of capital murder was less than 12 years old; criminal felony committed by a criminal street gang member.|
|Method of Execution||Lethal injection, unless person sentenced to death elects for electrocution; if either or both found to be unconstitutional, then by any constitutional method|
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