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 Michigan, the felony murder rule is codified in state law and holds that an individual can be charged with first-degree murder if a killing occurs during the commission of a specified felony, even if the individual did not directly cause the death. The specified felonies typically include arson, criminal sexual conduct, robbery, burglary, kidnapping, terrorism, and others outlined in the Michigan Penal Code (MCL 750.316). Under this rule, all participants in the felony can be held equally responsible for a death that occurs during its commission, regardless of their level of involvement or intent to kill. This includes accomplices such as lookouts or getaway drivers. The rule applies even if the death was accidental or if it was a co-felon who was killed, for example, by law enforcement during the crime. The felony murder rule in Michigan is a strict liability offense, meaning that the prosecution does not need to prove malice aforethought or premeditation to secure a conviction for first-degree murder.