The felony murder rule is a legal doctrine that expands the definition of murder and makes criminal accomplices (including a lookout or getaway driver) as responsible for a death that occurs in the course of a dangerous felony crime as the person who directly caused the death by pulling the trigger of a gun, stabbing the victim with a knife, strangling the victim, or otherwise causing the victim’s death. Examples of dangerous felony crimes that implicate the felony murder rule include robbery, burglary, rape, aggravated kidnapping, carjacking, and arson.
When the felony murder rule applies, it may make a criminal accomplice liable for murder even if the criminals had agreed that no one would be killed in the course of the crime, and even if it is a fellow criminal who is killed in the course of the crime—such as when a police officer or security guard shoots a bank robber—which may result in all other accomplices to the crime being charged with murder.
In many states the felony murder rule—and any distinctions between the culpability of accomplices and principals to a crime—are located in the state’s statutes—often in the penal or criminal code.
In Hawaii, the felony murder rule is codified under Hawaii Revised Statutes Section 707-701.5. This rule establishes that if a person is killed during the commission of, attempt of, or escape from a felony, the individuals committing the felony can be charged with second-degree murder, even if they did not intend to kill. The underlying felonies typically include dangerous crimes such as robbery, burglary, sexual assault, kidnapping, and arson, among others. This means that all participants in the felony, including accomplices such as a lookout or getaway driver, can be held criminally responsible for a death that occurs during the commission of the felony, regardless of who actually caused the death. The rule applies even if the death was accidental or if a co-felon is killed, for example, by law enforcement during the crime. It's important to note that Hawaii's application of the felony murder rule may have specific nuances and limitations, and an attorney can provide detailed legal advice on how the rule might apply in a particular case.