Felony Murder Rule
The felony murder rule imposes murder liability on a defendant who causes a death during commission of an inherently dangerous felony (BARRK: Burglary, Arson, Robbery, Rape, Kidnapping), without requiring proof of intent to kill.
Exam Tip
BARRK = Burglary, Arson, Robbery, Rape, Kidnapping. California now requires "major participant + reckless indifference" for non-killers.
What is the Felony Murder Rule?
Felony murder eliminates need to prove intent to kill when death occurs during certain dangerous felonies.
BARRK Felonies (First Degree)
| Felony | Example |
|---|---|
| Burglary | Home invasion, heart attack |
| Arson | Fire, firefighter dies |
| Robbery | Armed robbery, clerk shot |
| Rape | Sexual assault causing death |
| Kidnapping | Abduction, victim dies |
Limitations
| Limitation | Explanation |
|---|---|
| Merger | Felony cannot merge with killing |
| Res Gestae | During felony or immediate flight |
| Proximate Cause | Death foreseeable |
California Post-SB 1437
| Old Rule | New Rule |
|---|---|
| All participants liable | Actual killer, OR |
| Intent to kill, OR | |
| Major participant + reckless indifference |
Study This Term In
Related Terms
Malice Aforethought
Malice aforethought is the mens rea required for murder, encompassing four mental states: intent to kill, intent to cause serious bodily harm, depraved heart (extreme recklessness), and felony murder.
Voluntary Manslaughter
Voluntary manslaughter is an intentional killing committed in "heat of passion" following adequate provocation, or under honest but unreasonable belief in self-defense (imperfect self-defense), reducing murder to a lesser offense.