Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.

Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).

And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.

Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.

In Florida, homicide encompasses various degrees of severity based on the circumstances surrounding the death. Murder is classified into different degrees, with first-degree murder involving premeditated intent to kill or felony murder (occurring during the commission of certain felonies), and is punishable by life imprisonment or death. Second-degree murder involves a depraved mind regardless of human life but lacks premeditation, and third-degree murder is typically associated with unintentional deaths that occur during the commission of non-violent felonies. Manslaughter in Florida is the killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification, and can be voluntary or involuntary. Voluntary manslaughter involves an intentional act without premeditation, often in the heat of passion, while involuntary manslaughter usually involves deaths caused by negligence, such as in cases of reckless driving or DUI that result in fatalities. Florida's statutes provide specific provisions for DUI manslaughter, which is a serious charge when a death results from driving under the influence. Defenses such as self-defense or insanity may be raised to justify the act or mitigate the charges. The specific statutes governing homicide in Florida can be found in the Florida Statutes, particularly in the chapters dealing with criminal offenses.