Which statement best describes felony murder?

• A. A death caused by intentional premeditation alone.
• B. A death resulting from self-defense.
• C. A death that occurs during the commission of a felony.
• D. A death due to an accidental cause with no felony.

Answer: (C)

Felony murder is about the link between a deadly outcome and the crime being committed. If a person is engaged in the commission (or attempted commission) of a dangerous felony and someone dies as a result, the killer can be charged with murder even if there was no intent to kill. The underlying felony supplies the malice element by creating a dangerous situation, so the death is treated as murder under this rule. It applies whether the death is caused by the felon, an accomplice, or even a bystander at the scene, as long as it occurs during the felony. It does not apply to deaths from self-defense, nor to deaths that happen accidentally with no felony underway, nor to situations where there is an intentional killing outside of a felony context. So the statement that best describes felony murder is that a death occurring during the commission of a felony constitutes murder.