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 Louisiana, the felony murder rule is codified in the Louisiana Revised Statutes under Title 14:30.1. This rule holds that when a homicide occurs during the commission or attempted commission of certain felonies, such as robbery, rape, burglary, arson, or kidnapping, the individuals involved in committing or attempting to commit the felony can be charged with first-degree murder, regardless of their intent or whether they were the ones who directly caused the death. This includes accomplices such as lookouts or getaway drivers. The rule applies even if the death was accidental or if a co-felon is killed, for example, by law enforcement during the commission of the crime. The felony murder rule in Louisiana thus expands the definition of murder and increases the potential criminal liability for all participants in certain felonies when a death occurs, irrespective of their specific role in the death.