Criminal Law: Homicide: Felony Murder (and F-M defenses)

Felony murder is the killing of another human being caused in the commission of, or in attempt to commit a felony. The felony must be inherently dangerous. (Think BARRK: Burglary, Arson, Rape, Robbery, Kidnapping).

The defenses/limits to felony murder exist when:
  • D has a defense to the underlying felony
  • Felony is independent of the killing
  • Deaths must be a foreseeable result
  • Deaths must have been caused before D's immediate flight. Once D reaches a point of temporary safety, deaths caused thereafter are not felony-murder
  • D not liable for death of co-felon as a result of resistance by V or police.