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LEARNING OBJECTIVES
- Define the criminal intent element required for felony murder.
- Compare the criminal intent element of felony murder to implied malice, knowingly, or recklessly under circumstances manifesting extreme indifference to human life.
- Explain the rule of co-felon liability for felony murder.
- Explain an exception to the rule of co-felon liability for felony murder.
- Analyze criminal responsibility for felony murder when someone other than a co-felon kills the victim.
- Analyze criminal responsibility for felony murder when someone other than a co-felon kills a co-felon.
- Describe concurrence of the felony and the homicide for felony murder.
- 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)).
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