Fla. Stat. § 782.07
Manslaughter in Florida
Manslaughter is an unlawful killing that isn’t murder — no premeditation, no depraved mind. Here is how Florida defines it and where the defenses lie.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
What the Statute Covers
Under § 782.07, manslaughter is an unlawful killing that is neither excusable, nor justifiable, nor murder. It typically arises from an intentional act, a directed act, or culpable negligence — conduct so reckless it shows a disregard for human life.
The Governing Statute
Fla. Stat. § 782.07 — Manslaughter
"The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification … and in cases in which such killing shall not be excusable homicide or murder, is manslaughter."
Read the full statute on Online Sunshine →
Manslaughter is a second-degree felony. It becomes a first-degree felony (aggravated manslaughter) when the victim is a child, an elderly or disabled person, or certain officers/first responders.
The Actual Penalties
Manslaughter — Statutory Penalties
Manslaughter (second-degree felony): up to 15 years in prison, up to $10,000 fine.
Aggravated manslaughter (first-degree felony): up to 30 years — for victims who are children, elderly/disabled, or protected personnel.
If a firearm was used, 10-20-Life mandatory minimums may apply.
Aggravated manslaughter (first-degree felony): up to 30 years — for victims who are children, elderly/disabled, or protected personnel.
If a firearm was used, 10-20-Life mandatory minimums may apply.
What a Defense Attorney Looks For
- Self-defense or justifiable/excusable homicide, which can defeat the charge.
- Causation — whether the defendant’s act actually caused the death.
- Culpable negligence — whether conduct rose to the required level of recklessness.
- Whether the facts fit manslaughter versus a lesser offense or no crime at all.
Frequently Asked Questions
What is the difference between murder and manslaughter in Florida?
Murder requires premeditation (first-degree) or a depraved mind (second-degree). Manslaughter (§ 782.07) is an unlawful killing without those elements — often from culpable negligence or in the heat of passion — and carries lesser penalties.
How much prison time for manslaughter in Florida?
Manslaughter is a second-degree felony punishable by up to 15 years. Aggravated manslaughter — involving a child, elderly or disabled victim, or protected personnel — is a first-degree felony punishable by up to 30 years.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 782.07 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.