---
title: "Felony Murder Rule"
type: Legal Rule
source: https://casebriefly.com/legal-rules/felony-murder-rule
---

# Felony Murder Rule

The felony murder rule holds a defendant liable for murder when a death occurs during the commission of a dangerous felony, regardless of intent to kill. It eliminates the need to prove the mens rea typically required for murder.

## Definition

The felony murder rule is a doctrine that imposes murder liability on a defendant who causes a death during the commission or attempted commission of an inherently dangerous felony. The rule eliminates the prosecution's burden of proving the intent to kill or malice aforethought that would normally be required for a murder conviction, substituting instead the intent to commit the underlying felony.

At common law, the rule applied to any felony, but modern jurisdictions have significantly narrowed its scope. Most states limit the rule to specific enumerated felonies, typically those considered inherently dangerous to human life, such as robbery, burglary, arson, kidnapping, and rape (often remembered by the acronym BARRK). The Model Penal Code does not adopt the felony murder rule as such but creates a rebuttable presumption of extreme indifference to human life when a homicide occurs during certain felonies.

Several important limitations constrain the rule. The merger doctrine prevents its application when the underlying felony is an integral part of the homicide itself, such as assault. The independent felony requirement demands that the felony have an independent purpose beyond causing harm. The res gestae requirement limits liability to deaths occurring during the felony and its immediate flight, maintaining a temporal and geographic nexus. The agency theory, followed by most jurisdictions, limits liability to killings committed by the defendant or co-felons, not by third parties such as police or bystanders.

## Elements

- Commission or attempted commission of a qualifying dangerous felony
- A death occurs during the commission of the felony or immediate flight therefrom
- A causal connection between the felony and the death
- The underlying felony must be independent of the killing (merger doctrine)
- Under agency theory, the killing must be committed by the defendant or a co-felon

## Key Case

People v. Stamp, 2 Cal. App. 3d 203 (1969)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| People v. Stamp | 2 Cal. App. 3d 203 (1969) | Held that felony murder applies even when the victim died of a heart attack during a robbery, establishing broad causation |
| People v. Ireland | 70 Cal. 2d 522 (1969) | Established the merger doctrine, holding that assault cannot serve as the predicate felony for felony murder |
| State v. Canola | 73 N.J. 206 (1977) | Adopted the agency theory, limiting felony murder to killings by the defendant or co-felons, not by victims or police |
| Tison v. Arizona | 481 U.S. 137 (1987) | Held that the death penalty is permissible for a felony murder defendant who was a major participant and acted with reckless indifference to human life |

## Exam Tips

- Always check whether the underlying felony merges with the homicide; if the felony is an assault, the felony murder rule typically does not apply
- Determine whether the jurisdiction follows the agency theory or proximate cause theory when a third party (victim or police) does the killing
- Identify when the felony ends for res gestae purposes; deaths during immediate flight typically qualify, but deaths well after escape do not
- Remember BARRK (Burglary, Arson, Robbery, Rape, Kidnapping) as the common predicate felonies

## Common Mistakes

- Applying felony murder to any felony; modern law limits it to inherently dangerous felonies or enumerated offenses
- Forgetting the merger doctrine; using assault or manslaughter as the underlying felony is typically barred
- Confusing agency theory with proximate cause theory; under agency theory, killings by police or bystanders do not trigger felony murder

## Mnemonic Or Memory Aid

"BARRK" -- Burglary, Arson, Robbery, Rape, Kidnapping: the classic inherently dangerous felonies that trigger the felony murder rule

## Related Rules

- merger-doctrine-criminal
- homicide-degrees-of-murder
- conspiracy
- accomplice-liability

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Source: [Felony Murder Rule — CaseBriefly](https://casebriefly.com/legal-rules/felony-murder-rule)