- Nov 25, 2012
For one, the specific situation is "encoded" into the paper law books of Florida. Aggravated child abuse counts as first degree murder, regardless of intent to kill the child.^^^ Yet I just saw a story about a woman convicted of First Degree murder for feeding her kid fruits and veggies.
A vegan mother from Florida was found guilty of first-degree murder after her 18-month-old child starved to death on a strict raw fruits and vegetables diet.www.foxnews.com
I mean, if there was malnutrition through neglect, maybe Manslaughter or something, but First degree?
In Florida, the crime of First Degree Murder is committed when a person commits either Premeditated Murder or Felony Murder.
Under Florida Statute 782.04(1)(a)(2), felony murder is committed when a person kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended to kill anybody:
- Aggravated abuse of an elderly person or disabled adult,
- Aggravated child abuse,Thus, the jury, after considering the evidence, did believe that the child suffered great bodily harm as result of the diet she fed her child. He did die, and likely was lacking in key nutrients more accessible in animal foods. The abusing a child in a manner that causes great bodily harm doesn't have a "intent" qualifier.Under Florida Statute 827.03(1)(a), the crime of Aggravated Child Abuse is defined as committing an aggravated battery on a child; or willfully torturing, maliciously punishing, or caging a child; or abusing a child in a manner that causes great bodily harm, permanent disability, or permanent disfigurement.
Importantly, there is no requirement that Aggravated Child Abuse be committed by a person in a parental or custodial relationship to the child, thus what might be charged as a Felony Battery if the child was an adult, can instead be charged as Aggravated Child Abuse at the prosecutor’s discretion. 
Georgia is similar in that any form of child abuse is a felony, and thus a killing that happens as a result of that felony counts as murder felony murder, except if the killing occurs while committing cruelty to children in the second degree.
Rules are a little different for children due to the defenselessness they have.
The killing in the OP is adult on adult, and with voluntary manslaguther being the "crime of passion" statute, they guy very likely killed the worker knowing he's not going to prison for life or the maximum.