What Is Felony Murder, and How Does It Differ from Traditional Murder?

Felony murder is a specific type of homicide that occurs when a person kills another during the commission or attempted commission of a felony. Unlike traditional murder, where the focus is primarily on the intent or state of mind of the defendant, felony murder charges do not require proof of intent to kill. Instead, if a death occurs while a person is committing or attempting to commit a serious crime, they can be held criminally responsible for murder, even if the death was accidental or unintentional.

Key Differences Between Felony Murder and Traditional Murder

Definition of Felony Murder

Felony murder occurs when a death results during the commission of certain serious felonies, such as robbery, burglary, rape, arson, or kidnapping. The key element of felony murder is that the death happens in the course of committing or attempting to commit a felony.

Example: A person is committing a robbery and accidentally shoots and kills a bystander during the course of the crime. Even though the person did not intend to kill anyone, they can be charged with felony murder because the death occurred while committing a felony.

Traditional Murder

Traditional murder, which includes first-degree and second-degree murder, focuses on the intent or malice aforethought behind the act of killing.

First-degree murder usually requires premeditation (planning the murder) and deliberation (carefully thinking about the murder before committing it).

Second-degree murder involves intentional killing without premeditation, or killing with malice aforethought but not as a result of a planned action.

Example: A person plans and intentionally kills someone, then disposes of the body. This is a clear case of first-degree murder due to premeditation.

Key Elements of Felony Murder

Underlying Felony

The core distinction of felony murder is that it happens in conjunction with a serious felony. The felony must be inherently dangerous to human life, such as robbery, arson, or kidnapping.

Example: If a person is committing a robbery and, during the crime, a police officer is accidentally shot and killed by a co-conspirator, the robber may be charged with felony murder, even if the shooting was unintentional.

Lack of Intent to Kill

In traditional murder charges, the intent to kill is a key component. However, in felony murder, the defendant may not have intended to kill anyone. The felony itself creates the dangerous environment in which the death occurs.

Example: A person commits an armed robbery, and during the robbery, the victim unexpectedly dies of a heart attack due to the stress. The robber could still be charged with felony murder, even though they did not intend to cause the victim’s death.

Liability for Accidental Death

Under felony murder laws, a person can be held responsible for a death that occurs accidentally during the commission of a felony. Traditional murder charges require proof of intent, but felony murder extends liability to deaths that were not directly planned.

Example: A getaway driver during a bank robbery accidentally runs over and kills a bystander. Even though the driver didn’t plan the death, they could be charged with felony murder because the death occurred while committing the felony of robbery.

Comparison of Felony Murder and Traditional Murder

Legal Application of Felony Murder

First-Degree Felony Murder

In many jurisdictions, felony murder is considered a first-degree crime, even if the death was unintentional. This is because the felony was inherently dangerous, and the death occurred while committing it.

Example: During a burglary, the homeowner dies of a heart attack after being startled by the intruder. The burglar could be charged with first-degree felony murder.

Second-Degree Felony Murder

In some jurisdictions, felony murder may be classified as second-degree if the felony committed was not particularly egregious or dangerous (e.g., a non-violent felony). It can depend on the specific laws in each jurisdiction.

Example: A person commits a theft and during the commission of the theft, a fatal accident occurs, such as a bystander being struck by a car fleeing the scene. The charge could be second-degree felony murder depending on local laws.

Involvement of Co-Defendants

In felony murder cases, even those who may not have directly caused the death can be held liable. This includes co-conspirators or accomplices involved in the felony.

Example: If a group of individuals commits a robbery, and one of the robbers shoots and kills a bystander, all individuals involved in the robbery (even if they did not physically commit the murder) could be charged with felony murder.

Example Case of Felony Murder

Scenario: A group of robbers plan and execute a bank robbery. During the robbery, one of the robbers shoots a security guard in the leg, causing the guard to fall and hit his head, ultimately leading to his death. The robbers did not intend to kill the security guard, but because the death occurred during the commission of a felony (the robbery), they could be charged with felony murder.

Legal Outcome: Despite the unintentional nature of the killing, the robbers could be charged with first-degree felony murder, because the death occurred while committing a dangerous felony.

Conclusion

Felony murder differs from traditional murder in that it does not require the intent to kill. Instead, it applies when a person kills someone during the commission of a dangerous felony. The key elements of felony murder are the underlying felony and the connection between that felony and the death. This type of murder charge is often considered first-degree and can lead to severe penalties, even for accidental deaths, as long as the death occurred during a serious felony. In contrast, traditional murder charges focus on the intent to kill or the recklessness of the defendant’s actions.