Vehicular Homicide vs. Vessel Homicide in Florida: What to Know

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vehicular and vessel homicide are very similar criminal offenses. However, there are also key differences between them. This blog will discuss elements, potential penalties, and legal defenses to vehicular and vessel homicide charges in Florida.

Vehicular Homicide

Vehicular homicide (Fla. Stat. Section 782.071) is the killing of a human being (or unborn child by injury to the mother) caused by the operation of a motor vehicle in a reckless manner that is likely to cause death or great bodily harm. 

For someone to be proven guilty of vehicular homicide in Florida, the State must establish all of the following elements beyond a reasonable doubt:

• The defendant’s actions resulted in the death of a human being or unborn child (at any stage of development in the womb under Fla. Stat. Section 775.0213)(e))
• The defendant was operating a motor vehicle at the time (car, truck, motorcycle, etc.)
• The defendant drove (operated) the motor vehicle in a manner that showed willful or wanton disregard for the safety of others, and in a manner likely to cause death or great bodily harm
• The defendant’s reckless operation caused or contributed to the death of the victim

Important: As vehicular homicide does not require specific intent to kill the victim, the State must only prove that the vehicle was operated recklessly (in a manner likely to cause death or great bodily harm). 

Vehicular homicide is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. However, if someone knew or should have known the accident occurred and failed to stop, notify relevant authorities (such as law enforcement), provide information or render aid, vehicular homicide is a first-degree felony punishable by up to 30 years and a $10,000 fine.

Additional penalties include potential civil lawsuits, restitution, community service, and a driver’s license revocation for a minimum of 3 years.

Note: Florida’s courts have held that in the absence of other aggravating factors (such as weaving through dense traffic, poor visibility, or being in a school zone), speeding alone cannot support a vehicular homicide conviction if someone is involved in a fatal accident. Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA 2014)

Under Florida law, a vehicle is defined as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.” This does not include trains or trams (operating only on rail or track), but does include:

• Cars, trucks, and SUVs
• Motorcycles
• Mopeds and motor scooters
• Golf carts or bicycles when operated on highways (Meister v. Fisher, 462 So. 2d 1071 (Fla. 1984))
• Commercial vehicles and RVs

Vessel Homicide

Vessel homicide is a similar offense in Florida governed by Fla. Stat. Section 782.072. Like vehicular homicide, it is defined as the killing of a human being (or unborn child) caused by the operation of a vessel (boat, airboat, jet ski, etc.) in a manner that is likely to cause death or great bodily harm. 

For someone to be guilty of vessel homicide, the State must prove all of the following elements beyond a reasonable doubt:

• The defendant’s actions resulted in the death of a human being or unborn child (at any stage of development in the womb under Fla. Stat. Section 775.0213)(e))
• The defendant was operating a vessel at the time (boat, airboat, etc.)
• The defendant operated the vessel in a manner that showed wanton disregard for the safety of others, and in a manner likely to cause death or great bodily harm (recklessly) 
• The defendant’s reckless operation caused or contributed to the death of the victim

As is the case with vehicular homicide, vessel homicide only requires reckless operation and causation of death to be established. Vessel homicide is also a second-degree felony (up to 15 years in prison and a $10,000 fine), and failure to report, render aid or give information enhances this to a first-degree felony (up to 30 years in prison and a $10,000 fine).

Note: Because the jury instructions for vehicular and vessel homicide are the same in terms of what is considered recklessness, speeding alone (without aggravating factors) is insufficient to convict of vessel homicide under Luzardo. 

Florida law defines a vessel as “every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.”

Various lawful defenses exist in Florida to a charge of vehicular homicide or vessel homicide, which largely overlap due to the nearly identical elements. These include: 

• Lack of recklessness: If someone was not operating the vehicle or vessel in a manner likely to cause death or great bodily harm and an accident occurs, this does not establish guilt vehicular/vessel homicide (it is not a strict liability offense).
• Causation disputes: Simply because someone operates a vehicle or vessel and it is involved in a fatal collision, this does not equate to vehicular/vessel homicide. Courts consider 1) whether the prohibited result of the defendant’s conduct (death) is beyond the scope of any fair assessment of danger created and 2) whether it would be otherwise unjust based on fairness and policy considerations to hold the defendant responsible. State v. Hubbard, 751 So. 2d 552 (Fla. 1999)
• Medical episode or emergency: If someone has a medical emergency (of which there was no foreseeable risk, such as unmedicated severe epilepsy) while operating a vehicle or vessel and a death results (heart attack, stroke, etc.), the crime is not committed, as this is not recklessness.
• Mechanical failure: If a component of the vehicle or vessel malfunctioned and a fatal collision resulted, this is not recklessness for purposes of vehicular and vessel homicide. 
• No operation of the vehicle/vessel: If the person was a passenger rather than the driver of a vehicle or vessel (and not the captain of the vessel), a defendant can argue they were not the operator, barring a conviction.
• No actual/constructive knowledge of the collision: If charged with first-degree vessel homicide, an argument that the defendant did not know and should not have necessarily known of the accident may be relevant.
• Procedural defenses: Preventing post-arrest statements that may hurt the defendant from being admitted in court (due to Miranda violations) or suppressing evidence based on this being obtained unconstitutionally (Wong Sun v. United States, 371 U.S. 471 (1963))

However, there are also various “non-defenses” (defenses that are not legally recognized in Florida) that will fail to defeat the charge. These include:

• Lack of intent to kill: The defendant did not have to intend to kill the victim – it is only required that their reckless operation of the vehicle or vessel caused death
• “I have a license”: Licensure is not relevant to the charges
• “I wasn’t speeding”: Recklessness can exist without speeding (such as running a red light, texting in traffic, etc.)
• “I called for help”: This may reduce the charge from first- to second-degree felony vehicular or vessel homicide, but does not absolve someone of culpability if the remaining elements are satisfied

In sum, vehicular and vessel homicide are similar criminal offenses in Florida. Both require reckless operation for a conviction, and are punishable as either a second-degree (up to 15 years in prison and $10,000 fine) or first-degree felony (up to 30 years in prison and a $10,000 fine) depending on the facts of a case.

However, the two offenses differ in that one deals with collisions on the road, while other deals with collisions on the water. Moreover, the question of what constitutes “recklessness” may differ slightly given the inherent distinctions between operating a vessel and a vehicle (signage, slow speed and no wake zones vs. traffic lights, etc.).

Defenses to both charges may include a lack of reckless operation, lack of actual operation at all (if a non-captain passenger), medical emergency, disputing causation, mechanical failures, and more. 

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with vehicular or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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