United States[edit source | editbeta]
As of August 2008, 46 states in the United States have a felony murder rule,[9] under which felony murder is generally first degree murder. In 24 of those states, it is a capital offense.[9] When the government seeks to impose the death penalty on someone convicted of felony murder, the Eighth Amendment has been interpreted so as to impose additional limitations on the state power. The death penalty may not be imposed if the defendant is merely a minor participant and did not actually kill or intend to kill. However, the death penalty may be imposed if the defendant is a major participant in the underlying felony and "exhibits extreme indifference to human life".
The Model Penal Code does not include the felony murder rule, but allows the commission of a felony to raise a presumption of extreme indifference to the value of human life.[10][11] Thus, the felony murder rule is effectively used as a rule of evidence.
Most states recognize the merger doctrine, which holds that a criminal assault cannot serve as the predicate felony for the felony murder rule.[12]
By individual jurisdiction
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland[13]
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
District of Columbia
Federal
