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 Kentucky, the felony murder rule is codified in the Kentucky Revised Statutes (KRS). Specifically, KRS 507.020 defines murder and includes a provision for felony murder. Under this statute, a person is guilty of murder when, in the course of committing or attempting to commit a felony, they cause the death of another person, even if the death was unintentional. The felonies that can trigger the felony murder rule in Kentucky typically include violent crimes such as robbery, burglary, rape, kidnapping, and arson, among others. This means that all participants in the felony can be held criminally responsible for any death that occurs during the commission of the felony, regardless of their level of direct involvement in the death. This includes lookouts, getaway drivers, and other accomplices. The rule applies even if the death is accidental or if the victim is a co-felon killed, for example, by law enforcement during the commission of the crime. It's important for individuals to understand that participation in a felony that results in death can lead to murder charges under the felony murder rule in Kentucky.