You are here

Felony Murder

15 February, 2016 - 14:23

LEARNING OBJECTIVES

  1. Define the criminal intent element required for felony murder.
  2. Compare the criminal intent element of felony murder to implied malice, knowingly, or recklessly under circumstances manifesting extreme indifference to human life.
  3. Explain the rule of co-felon liability for felony murder.
  4. Explain an exception to the rule of co-felon liability for felony murder.
  5. Analyze criminal responsibility for felony murder when someone other than a co-felon kills the victim.
  6. Analyze criminal responsibility for felony murder when someone other than a co-felon kills a co-felon.
  7. Describe concurrence of the felony and the homicide for felony murder.
  8. Analyze felony murder grading and ascertain the felonies that typically classify felony murder as first degree.

Felony murder is a criminal homicide that occurs during the commission or attempted commission of a felony. Most states and the federal government include felony murder in their penal codes. 1 However, it has not been universally adopted. The Model Penal Code does not include felony murder per se. It does suggest a rebuttable presumption that killings that occur during the commission of specified dangerous felonies exhibit recklessness under circumstances manifesting extreme indifference to the value of human life (Model Penal Code § 210.2(1)(b)).