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 Kansas, the felony murder rule is codified in the Kansas Statutes Annotated (K.S.A.). Under K.S.A. 21-5402, felony murder is defined as a killing that occurs during the commission of, attempt to commit, or flight from an inherently dangerous felony. The inherently dangerous felonies that can trigger the felony murder rule in Kansas include, but are not limited to, robbery, burglary, rape, aggravated kidnapping, carjacking, and arson. This rule holds all participants in such felonies criminally responsible for any death that occurs during or in furtherance of the felony, regardless of intent or whether they were the direct cause of death. This means that accomplices, such as a lookout or getaway driver, can be charged with murder even if they did not personally inflict harm. The rule applies even if the death is accidental or if the victim is a co-felon, such as a situation where a co-felon is killed by law enforcement during the commission of the crime. The felony murder rule in Kansas reflects the state's interest in deterring individuals from engaging in felonies that create a high risk of death.