[Scoutmaster]

Aggravating stalking - This is where she got to 2nd degree

No. He's not remotely close to the definition of aggravated stalking under Florida law. You quoted both Florida Statute 782.04(2) and (3). Each of them defines the elements of Second Degree Murder in the State of Florida, but they're separate. She can charge Zimmerman with Second Degree Murder under 782.04(2) based on what the law deems a 'depraved mind' - that's going to include acting with hatred toward another, such as a racial element, or a 'punks' element, if she wants to claim it.

If she does that, she never even touches 732.04(3), which is where you found 'aggravating stalking.'

Aggravating stalking's going to require you to go to Florida Statutes 784.048, generally, and 784.048(7) specifically. That's not going to happen. First, 'constitutionally protected' activity can never be the 'course of conduct' necessary to establish stalking in Florida, per 784.048(1)(b). Second, you must be sentences for stalking and prohibited from contacting the victim, and then still do so, for it to be aggravated stalking. That's the definition of 'aggravated stalking' under Florida law (Florida Statutes 784.048(7)).

It's clear she's not going there. This is a 732.04(2) Second Degree Murder charge, base on some hatred or enmity element leading to a depraved mind. It has nothing to do with aggravated stalking and 732.04(3), in my semi-informed opinion.

[Scoutmaster]

Remember that 'depraved mind' isn't going to mean that Zimmerman was a plotting, evil guy. She'll dwell on Zimmerman's 'obsession,' with all of his 911 calls. His statement that 'they always get away', and claim that Zimmerman was going to make certain this one didn't get away, and so forth. She can try to build the elements for a Second Degree Murder Charge under Florida Statutes 782.04(2) with claims that Zimmerman was a vigilante - either based on race, or just an obsession with patrolling the area and making certain this 'one' wasn't going to get away once he started running, like all of the others did.

I'm not saying it's right - I'm just trying to guess her strategy.

Because - it's not 782.04(3) and a death during 'aggravated stalking.' There's a definition for 'aggravated stalking,' and it simply doesn't apply to Zimmerman. She has to be going with 732.04(2) and what's commonly known as 'depraved indifference.'

[ArmstedFragg]

How does malice work into the Florida statute? It's specifically included in California's PC section. Does Florida use “depraved mind” synonymously?

[butterdezillion]

Depraved mind. So she’s claiming this was a racist attack?

If so, wow. Even the media has been forced to acknowledge the racist charge was trumped-up.