Also known as: felony-murder · felony murders · felony murder rule · felony murder doctrine · felony-murder rule
Written by attorneys · grounded in primary & secondary sources — see below
A form of murder in which the intent to commit a specified felony supplies the malice aforethought required for the homicide. The rule converts the mental state for the underlying felony into implied malice for the killing that occurs during its commission or attempted commission.
Select any source to read its text and confirm it supports the definition.
Flora Ford and Fabian Flynn entered a hospital after hours to steal diagnostic devices from a locked storage room. Flora injected an elderly patient with an unauthorized sedative to clear the hallway. The patient suffered respiratory arrest and died while the pair removed the equipment. The intent to commit the felony of theft supplies the malice that makes Flora guilty of murder.
Felicity French conducted unauthorized securities sales sessions that violated state law and constituted a felony. When confronted by a colleague about the illegal activity, she slapped his phone away and shoved him into a glass partition. The colleague suffered fatal lacerations. The intent to commit the securities felony supplies implied malice that makes Felicity guilty of murder under the felony-murder rule.
Fernando Farrell tackled a suspected shoplifter and repeatedly stomped on the teenager's chest. The victim suffered fatal internal injuries. Fernando's intent to commit the felony of theft supplies implied malice under the felony-murder rule even though he claimed he only meant to detain the thief.
Francesca Fowler ran illegal off-the-books sales sessions that violated securities regulations. When a colleague confronted her about the felony, she committed a simple battery by shoving him into a glass partition that shattered. The colleague died from the resulting lacerations. The intent to commit the securities felony supplies implied malice that makes Francesca guilty of murder under the felony-murder rule.
Fumiko Fujimoto committed a securities felony by holding unauthorized sales sessions. A colleague discovered the activity and confronted her. She slapped his phone away in a minor battery, causing him to fall into a glass partition that unexpectedly shattered. The intent to commit the securities felony supplies implied malice that makes Fumiko guilty of murder under the felony-murder rule.
Frontier Capital employees engaged in a minor assault during an argument that arose from an ongoing securities violation. One employee shoved another into a partition that shattered, causing fatal injuries. The intent to commit the securities felony supplies implied malice that makes the employee guilty of murder under the felony-murder rule.
The rule treats the intent to commit a qualifying felony as implied malice that satisfies the malice-aforethought element of murder.
Supporting sources
A killing during a felony that does not qualify for the felony-murder rule supports only involuntary manslaughter if the death is a foreseeable consequence of the felony.
Supporting sources
At common law the rule imposes strict liability for deaths occurring during enumerated felonies and does not require separate proof of foreseeability.
Supporting sources
…way the authority of Day v. State , 196 Md. 384, 76 A. 2d 729. In that case two defendants were jointly tried and convicted of felony murder. Each admitted participating in the felony but accused the other of the homicide. On appeal the defendants attacked the trial court’s denial of a severance, and the State argued that…