Does the Crime of Attempted Second-Degree Murder Require Proof of the Specific Intent to Kill ?
In Gentry v. State, 437 So. 2d 1097 (Fla. 1983), the court held that the crime of attempted second-degree murder does not require proof of the specific intent to kill.
Although the crime of attempt generally requires proof of a specific intent to commit the crime plus an overt act in furtherance of that intent, the court reasoned: "If the state is not required to show specific intent to successfully prosecute the completed crime, it will not be required to show specific intent to successfully prosecute an attempt to commit that crime." Id. at 1099.
To establish attempted second-degree murder of Harrell, the state had to show:
(1) that Brady intentionally committed an act which would have resulted in the death of Harrell except that someone prevented him from killing Harrell or he failed to do so;
(2) that the act was imminently dangerous to another and demonstrated a depraved mind without regard for human life. See Standard Jury Instructions in Criminal Cases, 697 So. 2d 84, 90 (Fla. 1997).