The Felony Murder Rule Explained (With Examples)

The felony murder rule holds that if a death occurs during the commission of a dangerous felony, the defendant is guilty of murder — even if the death was accidental and the defendant had no intent to kill. It eliminates the need to prove mens rea for murder; the intent to commit the underlying felony substitutes for the intent to kill.

Most jurisdictions limit felony murder to deaths during inherently dangerous felonies. The classic mnemonic is BARRK:

Burglary
Arson
Robbery
Rape
Kidnapping

Some jurisdictions use an “abstract” test (is the felony inherently dangerous in the abstract?) while others use a “facts and circumstances” test (was the felony dangerous as committed in this case?).

Felony murder doesn't apply when the underlying felony “merges” with the killing — meaning the felony is an integral part of the homicide itself. For example, assault can't serve as the predicate felony for felony murder because assault is inherent in every homicide. Without the merger doctrine, every murder could be charged as felony murder (based on the felony of assault), making the rule limitless.

Classic felony murder: D robs a bank. During the escape, a security guard has a heart attack and dies from the stress. D is guilty of felony murder — the death occurred during the commission of robbery, even though D didn't intend to kill anyone.

Co-felon deaths: D1 and D2 rob a store. The store owner shoots and kills D2. Is D1 guilty of D2's murder? Jurisdictions split: the “agency theory” says no (the store owner, not a co-felon, did the killing); the “proximate cause theory” says yes (the death was a foreseeable consequence of the felony).

Felony murder is controversial. Supporters argue it deters dangerous felonies and holds criminals responsible for foreseeable consequences. Critics argue it's unjust to impose murder liability without intent to kill and that it disproportionately affects accomplices. Several states have abolished or significantly limited the rule. The MPC rejects traditional felony murder but creates a rebuttable presumption of recklessness for deaths during dangerous felonies.