Learn More About Felony Murder
Felony murder convictions carry the most extreme sentences available in our criminal punishment system, including the death penalty and death-by-incarceration.
A wide net of liability and low burden of proof
The felony murder laws, unlike other areas of the law, allows the State to convict a person of murder without any proof that the person killed or intended to kill anyone. The impact is significant.
Felony Murder Laws encourage prosecutors to bring felony murder charges even where other charges could be used, and would carry less extreme sentences.
Felony Murder Laws make it hard to challenge a felony murder charge at trial, meaning that people are pressured to accept plea deals involving long sentences, sometimes for offenses they did not commit.
Felony Murder Laws mean that charging and sentencing determinations are guided by fewer formal legal factors, and more likely to be based on subjective judgments that are influenced by racial bias and racial stereotypes.
ADD A LAYER OF PUNISHMENT
FAMILY SEPARATION, NOT HEALING
Felony murder laws separate families and disrupt communities, which contribute to structural violence rather than reducing it.
NO RESTITUTION OR REPAIR
Felony murder laws and the extreme sentences they carry do not promote repair. While felony murder convictions often involve high restitution fees, these debts fall on incarcerated people who generally cannot get jobs in their prison facilities due to restrictions and priority ranking systems that exclude people with murder convictions.
NO DETERRENCE
Data indicates that felony murder laws do not have any significant deterrent effect. Studies consistently show that long sentences do not make us safer. Instead, carceral systems perpetuate further harm through the violence of incarceration.
Policy Map
Hawaii and Kentucky are the only two states without felony murder laws. Click on the states to explore current laws or use the filters for detailed statistics and national patterns.
Under the so-called “proximate cause” theory, 19 states allow people to be convicted of murder even when neither they nor any of their co-defendants killed anyone, but instead, a third party (i.e. a police officer or a store owner) was responsible for the death. Other states follow the “agency theory,” requiring that at least one of the co-defendants take deadly action.
Nineteen states make it even easier for prosecutors to secure the harshest of convictions with multiple overlapping laws and degrees of murder or homicide from which they can choose.
Just over a dozen states allow individuals a way to defend themselves from being held accountable for a death under the felony murder rule. Ten states allow a person accused to set forth an “affirmative defense,” and 11 states require that the prosecution actually prove that an individual had some level of awareness– intent, knowledge, or other mindset–that a death would or was likely to occur.
Thirty-four states, as well as the District of Columbia, authorize the death penalty or a sentence of death-in-prison (life without the possibility of parole) for a felony murder conviction.
Alabama
FELONY MURDER OVERVIEWIn Alabama, felony murder is listed as a subsection in the state’s “general murder” statute (Ala. Code § 13A-6-2).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony and that a death occurred “in the course of and in furtherance of the crime…or in immediate flight therefrom,” in the course of and in furtherance of the offense or immediate flight from the offense.” Prosecutors can prove murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). There is no possibility in Alabama for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder carries a sentence of 10-99 years of incarceration and is eligible for the death penalty.
Alaska
FELONY MURDER OVERVIEWIn Alaska, felony murder is defined as subsections in both the first degree murder (Alaska Stat. Ann. § 11.41.100) and second degree murder statutes. (Alaska Stat. Ann. § 11.41.110).
Prosecutors can charge and convict any person of first and second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred “in the course of or in furtherance of that crime or in immediate flight from that crime.” Prosecutors can prove murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). There is no possibility in Alaska for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder carries a sentence of a minimum of 10 (second degree) or 20 years (first degree) in imprison and maximum of 99 years of incarceration.
Arizona
FELONY MURDER OVERVIEWIn Arizona, felony murder is listed as a subsection in the state’s first degree murder statute. (Arizona Rev. Stat. Ann. § 13-1105(A)(2)).
Arizona prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or their accomplice committed a specified felony and that a death occurred “in the course of and in furtherance of the offense or immediate flight from the offense.” Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). A conviction for felony murder carries a sentence of life without parole or the death penalty.
Arkansas
FELONY MURDER OVERVIEWIn Arkansas, felony murder is defined in both first (Ark. Code Ann. § -5-10-102) and capital murder statutes. (Ark. Code. Ann. § 5-10-101). The degrees of murder depend on the seriousness of the underlying felony: prosecutors can charge first degree murder for any underlying felony, while capital murder requires prosecutors to prove the commission of only certain more severe underlying felonies.
Prosecutors can charge and convict any person of first degree and capital murder without having to prove that they intended to cause another person’s death, but do have to prove that during the commission of another felony, either the person or their accomplice exhibited a “extreme indifference to the value of human life” (first degree). Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
People charged with felony murder in Arkansas can raise an “affirmative defense” that they weren’t the one who committed or aided in the commission of the homicide to defend against a capital murder prosecution, or in the case of first degree murder charges, additionally weren’t armed, and “reasonably believed” that no other participant was armed or “intended to engage in conduct that could result in death or serious physical injury.“ Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a sentence of life without parole or death (capital murder), or 10-40 years, or life (first degree murder).
California
FELONY MURDER OVERVIEWIn California, felony murder is defined in both first and second degree murder statutes (Cal. Penal Code § 189(a), People v. Powell, 5 Cal. 5th 921, 942 (2018)).
Prosecutors can charge and convict any person of first and second degree murder without having to prove that they intended to cause another person’s death, but do have to prove that a person exhibited a “reckless indifference to human life.” Prosecutors must only prove that a person or their accomplice intended to commit or attempted to commit another specified felony and that a death occurred. Pursuant to legislative changes in 2018, however, in order to convict someone of felony murder, prosecutors must prove that they were a “major participant” in the underlying felony. This legislative change does not apply in cases involving the death of a peace officer.
Colorado
FELONY MURDER OVERVIEWIn Colorado, felony murder is listed as a subsection in the state’s second degree murder statute. (Colo. Rev. Stat. Ann.§ 18-3-103).
Prosecutors can charge and convict any person of second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony and that a death occurred “in furtherance of the crime…of immediate flight therefrom.
In Colorado, people charged with felony murder can also raise an “affirmative defense” that they weren’t the one who committed the killing, weren’t armed, and “had no reasonable ground to believe” that another participant was armed, or “intended to engage in conduct likely to result in death or serious physical injury.” Individuals must also put forward evidence that they “[e]ndeavored to disengage … from the commission of the underlying crime or flight.” There is no possibility in Colorado for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder carries a minimum of 16 years and a maximum sentence of 48 years incarceration.
Connecticut
FELONY MURDER OVERVIEWConnecticut is one of only four states that has a statute specifically codifying felony murder (Connecticut General Statutes § 53a-54d), which made it easier to identify felony murder conviction data. In most other states, felony murder is written as subsections of other murder and homicide statutes.
In Connecticut, prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred “in the course of and in furtherance of the offense or immediate flight from the offense.” People charged with felony murder can raise an “affirmative defense” that they weren’t the one who committed the killing, weren’t armed, and had “no reasonable ground to believe” the other participant was armed or “intended to engage in conduct likely to result in death or serious injury.” Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder in Connecticut carries a sentence of 25 years to life unless the underlying charge is arson, which carries a mandatory sentence of life without the possibility of parole.
Delaware
FELONY MURDER OVERVIEWIn Delaware, felony murder is defined in both first Del. Criminal Code § 636) and second degree murder statutes. (Del. Criminal Code § 635).
Prosecutors can charge and convict any person of first degree and second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that in the commission or attempted commission of another felony, a person was either reckless or negligent in causing another person’s death. A conviction for felony murder carries a sentence of death or life without parole.
District of Columbia
FELONY MURDER OVERVIEWIn Washington, D.C., felony murder is defined in the first degree murder statute (DC. Statute § 22-2101).
Prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that a death occurred.
A conviction for felony murder carries a minimum sentence of 30 years and a maximum of life without the possibility of parole.
Florida
FELONY MURDER OVERVIEWFlorida is the only state that codifies felony murder in four separate statutes (Louisiana, Mississippi, New Hampshire, Ohio, and Virginia each have three): first degree (Fla. Stat. Ann. § 782.04), second degree (Fla. Stat. Ann. § 782.04), third degree, and a standalone “Attempted Felony Murder” statute (Fla. Stat. Ann. § 782.051).
In Florida, prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony and that a death occurred. Prosecutors can prove second and third degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). There is no possibility in Florida for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for first degree felony murder carries a mandatory minimum sentence of life without parole or the death penalty. A conviction for second degree felony murder carries a maximum sentence of life in prison.
Georgia
FELONY MURDER OVERVIEWIn Georgia, felony murder is felony murder is defined in the state’s general murder statute (Ga. Code Ann. § 16-5-1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another felony and that a death occurred “irrespective of malice.” Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
A conviction for felony murder carries possible sentences of life, life without the possibility of parole, and death.
Hawaii
FELONY MURDER OVERVIEWHawaii is one of the few U.S. states that has abolished felony murder. However, in January of 2023, some Hawaii legislators proposed a bill that would implement felony murder in Hawaii if it is approved. At the time of this publication, this bill is currently pending in the House Judiciary & Hawaiian Affairs Committee after being referred there.
Idaho
FELONY MURDER OVERVIEWIn Idaho, felony murder is defined in the first degree murder statute (Idaho Code Ann. § 18-4003).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that a death occurred. See State v. Lundquist, 134 Idaho 831, 835 (2000) (“With regard to felony-murder, the element of malice aforethought is satisfied by the fact that the killing was committed in the perpetration of a felony.”).
A conviction for felony murder carries possible sentences of life, life without the possibility of parole, and death.
Illinois
FELONY MURDER OVERVIEWIn Illinois, felony murder is listed as a subsection in the state’s first degree murder statute. (720 Ill. Comp. Stat. Ann. § 5/9).
In Illinois, prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death was caused “in the course of or in furtherance of such crime or flight therefrom.” Up until 2021, prosecutors could charge and convict people of felony murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice), but the story of Tevin Louis, convicted of felony murder after a police officer killed his friend, pushed Illinois to limit the scope of its felony murder law. The new law change, however, was not made “retroactive,” meaning that everyone convicted before the legal change haven’t been able to benefit from the law, including Louis, who is serving a 51 year sentence.
A conviction for felony murder carries a maximum sentence of life without the possibility of parole.
Indiana
FELONY MURDER OVERVIEWIn Indiana, felony murder is defined in the general murder statute (Ind. Code Ann. § 35-42-1-1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that a death occurred. Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
A conviction for felony murder carries a possible sentence of 45 years to 65 years no matter the age of the person convicted. If the person convicted is between 16-18 years old, they can be sentenced to life. If the person is 18 years of age or older, they can be sentenced to death.
Iowa
FELONY MURDER OVERVIEWIn Iowa, felony murder is defined in the first degree murder statute (Iowa Code Ann. § 707.2).
Prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death. See State v. Harrison, 914 N.W.2d 178, 196 (Iowa 2018) (ruling that the state is only required to show the specific intent to commit the predicate felony). Prosecutors must only prove that a person or their accomplice committed another specified felony and a death occurred, or that someone was killed “while escaping or attempting to escape from lawful custody.”
A conviction for felony murder carries a sentence of life without the possibility of parole.
Kansas
FELONY MURDER OVERVIEWIn Kansas, felony murder is defined in the first degree murder statute (Kan. Stat. Ann. § 21-5402).
Prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or their accomplice committed an “inherently dangerous” or another specified felony and a death occurred.
A conviction for felony murder carries a sentence of life with parole eligibility only after 25 years.
Kentucky
FELONY MURDER OVERVIEWThe Kentucky legislature abolished felony murder by revising Ky. REV. STAT. § 507.020, determining that it could result in convictions of murder without a culpable mindset.
Louisiana
FELONY MURDER OVERVIEWIn Louisiana, felony murder is defined in first degree murder (La. Stat. Ann. § 14:30), second degree murder (La. Stat. Ann. § 14:30.1) and the manslaughter statutes (La. Stat. Ann § 14:31).
Prosecutors can charge and convict any person of second degree murder or manslaughter without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit another specific felony and a death occurred. “Intent to kill or inflict great bodily harm” is required to prove first degree murder.
A conviction for felony murder, without any proof of intent, carries a sentence of life imprisonment “at hard labor” without the possibility of parole (second degree) or 40 years of imprisonment “at hard labor” (manslaughter). First degree murder carries a sentence of death or life without the possibility of parole and “at hard labor.”
Maine
FELONY MURDER OVERVIEWMaine is one of only four states that has a statute specifically codifying felony murder (Me. Rev. Stat. tit. 17-A, § 202), which made it easier to identify felony murder conviction data. In most other states, felony murder is written as subsections of other murder and homicide statutes.
In Maine, prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must prove that a person or another participant committed another specified felony and that a death occurred “in the commission of, or an attempt to commit, or immediate flight after committing or attempting to commit,” that felony. Maine is one of very few states that requires prosecutors to prove any mens rea (a person's mental state) with regard to the death, not just the felony: prosecutors must prove that the death was a “reasonably foreseeable consequence" of the felony.
In Maine, people charged with felony murder can also raise an “affirmative defense” that they weren’t the one who committed the killing, weren’t armed, and “reasonably believed” that no other participant was armed, or “intended to engage in conduct likely to result in death or serious bodily injury. Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a sentence of 4 years minimum to 30 years maximum.
Maryland
FELONY MURDER OVERVIEWIn Maryland, felony murder is defined in the first degree murder (Md. Code Ann. Crim Law § 2-201) and second degree murder statutes (Md. Code Ann. Crim Law § 2-204).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit another specified felony (first degree) or any other felony (second degree) and that a death occurred.
A conviction for felony murder carries a sentence of life or life without the possibility of parole (first degree murder) or 0 to 40 years for second degree murder.
Massachusetts
FELONY MURDER OVERVIEWIn Massachusetts, felony murder is defined in the general murder statute (Mass Gen. Laws Ann. Ch. 265, § 1) as the “commission or attempted commission of a crime punishable with death or imprisonment for life” where a death occurs.
Prosecutors can charge and convict any person of murder under this law without having to prove that they intended to cause another person’s death, but do have to prove that a person exhibited at least “malice” in the commission of the underlying specific felony. Under Massachusetts law, “malice” is not necessarily synonymous with intent. Malice is defined, in part, as the intended commission or attempted commission of an act “which, in the circumstances known to the defendant, a reasonable person would have known created a plain and strong likelihood that death would result." Commonwealth v. Brown, 477 Mass. 805, 825 (2017).
A conviction for felony murder in Massachusetts carries a sentence of life without the possibility of parole.
Michigan
FELONY MURDER OVERVIEWIn Michigan, felony murder is listed as a subsection in the state’s first degree murder statute (Mich. Comp. Laws Ann. § 750.316).
In Michigan, prosecutors can charge and convict any person of first degree murder without having to prove that they intended to cause another person’s death, but since 1980, do have to prove that a person exhibited at least “malice.” People v Aaron, 409 Mich 672 (1980). “Malice" is defined in part as the “intent to kill,” but can also be proven by less–i.e. that the person exhibited the “intent . . . to inflict great bodily harm or with a wanton and willful disregard of the likelihood that the natural tendency of the defendant’s behavior is to cause death or great bodily harm.” People v. Reichard, 505 Mich. 81 (2020). As the Sentencing Project notes, however, despite the “malice” requirement, “the number of Michiganders imprisoned for felony murder is comparable to that of Pennsylvania, where no such requirement exists.”
As of 2020, in Michigan, people charged with felony murder can present evidence to the jury that they were acting under duress–i.e. under present, imminent, or impending threats “sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm” and that the person “committed the act to avoid the threatened harm.” A conviction for felony murder carries a mandatory sentence of life without the possibility of parole.
Minnesota
FELONY MURDER OVERVIEWIn Minnesota, felony murder is defined as subsections in both first (Minn. Stat. Ann. § 609.185) and second degree murder statues (Minn. Stat. Ann. § 609.19).
In Minnesota, prosecutors can charge and convict any person of murder under the second degree murder statute without having to prove that they intended to cause another person’s death (first degree murder requires intent, except where the charge is criminal sexual conduct and no intent is required). Under the second degree murder statute, prosecutors must only prove that a person or their accomplice intended to commit or attempted to commit another specified felony and that a death occurred.
There is no possibility in Minnesota for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Minnesota carries a maximum sentence of 40 years for second degree murder, and life or life without parole for First Degree.
Mississippi
FELONY MURDER OVERVIEWMississippi is one of only five states that codify felony murder in three separate statutes: first degree murder (Miss. Code. Ann. § 97-3-19), capital murder (Miss. Code Ann Section 97-3-19), and felony manslaughter (Miss. Code Ann. § 97-3-27). Different degrees of felony murder depend on the seriousness of the underlying felony.
Prosecutors can charge and convict any person of murder or manslaughter without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred. There is no possibility in Mississippi for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Mississippi is eligible for the death penalty (capital murder), a sentence of life without the possibility of parole (first degree murder), and a minimum of 1-20 years imprisonment for felony manslaughter.
Missouri
FELONY MURDER OVERVIEWIn Missouri, felony murder is listed as a subsection in the state’s second degree murder statute (MO Rev. Stat. § 565.021).
In Missouri, prosecutors can charge and convict any person of second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred “in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony.” Prosecutors can convict someone of murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). There is no possibility in Missouri for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Missouri carries a sentence of 10 years minimum and 30 years maximum, in addition to the sentence for the underlying felony.
Montana
FELONY MURDER OVERVIEWIn Montana, felony murder is defined in the general murder statute (Mont. Code Ann. § 45-5-102).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or their accomplice committed or attempted to commit another specified felony and that a death occurred.
A conviction for felony murder in Montana carries a possible sentence of death, life, or 10-100 years depending on age and other factors.
Nebraska
FELONY MURDER OVERVIEWIn Nebraska, felony murder is defined in the first degree murder statute (Neb. Rev. Stat. Ann. § 28-303).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit another specified felony and that a death occurred. Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
A conviction for felony murder in Nebraska carries a possible sentence of life or death, but in Nebraska, a sentence of “life” is really a sentence of life without the possibility of parole because life sentences are ineligible for parole. See Neb. Rev. Stat. Ann. § 28-105 (Parole cannot be granted until such time as the sentence is commuted to a definite term of years by the Board of Pardons).
Nevada
FELONY MURDER OVERVIEWIn Nevada, felony murder is defined in first degree murder (Nevada Rev. Stat. Ann. § 200.030(1)) and second degree murder statutes (Nevada Rev. Stat. Ann. § 200.030(2)).
Prosecutors can charge and convict any person of murder in the first or second degrees without having to prove that they intended to cause another person’s death. For first degree murder, prosecutors must prove that a person or their accomplice committed or attempted to commit a specified felony (considered by law to be the most serious) and that a death occurred. For second degree murder, prosecutors can make out felony murder if they prove a person committed or attempted any other “inherently dangerous” felony (other than the ones enumerated for first degree murder), and that there was “an immediate and direct causal relationship between the defendant's actions and victim's death.” Desai for Desai v. State, 133 Nev. 339, 346 (2017) (“[I]mmediate” is defined as “without the intervention of some other source or agency.”) (internal quotations omitted).
A conviction for felony murder under Nevada’s first degree murder statute carries a sentence of death, life without the possibility of parole, life with the possibility of parole after 20 years has been served, or a definite term of 50 years with the possibility of parole after 20 years. Under the second degree murder statute, people can be sentenced to life with parole eligibility after 10 years, or 25 years with parole eligibility after 10 years.d
New Hampshire
FELONY MURDER OVERVIEWIn New Hampshire, felony murder is defined in the first degree murder (NH Rev. Stat. Ann. § 630:1-a), second degree murder (NH Rev. Stat. Ann. § 630:1-b) and capital murder statutes (NH Rev. Stat. Ann. § 630:1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. To prove second degree murder, prosecutors must show a death occurred “recklessly” during the the commission or attempted commission of another felony–i.e. “under circumstances manifesting extreme indifference to human life.” Under the capital and first degree murder statutes (distinguished only by the seriousness the underlying felonies they committed), prosecutors must prove that a person committed or attempted to commit a specified felony “when he is aware that it is practically certain that his conduct will cause” a person’s death. State v. Glenn, 486, 9 A.3d 161, 166 (2010).
A conviction for felony murder carries a sentence of life (second degree murder) or life without the possibility of parole (first degree murder).
New Jersey
FELONY MURDER OVERVIEWIn New Jersey, felony murder is listed as a subsection in the state’s “general murder” statute. (N.J. Stat. Ann. § 2C:11-3).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred “in the course of such crime or of immediate flight therefrom.” Prosecutors can convict someone of murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
In New Jersey, people charged with felony murder can also raise an “affirmative defense” that they weren’t the one who committed the killing, weren’t armed, and “had no reasonable ground to believe” that another participant was armed, or “intended to engage in conduct likely to result in death or serious physical injury.“ Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a sentence of a minimum of 30 years to life maximum, and life without parole if certain aggravating circumstances are found.
New Mexico
FELONY MURDER OVERVIEWIn New Mexico, felony murder is defined in the first degree murder statute (N.M. Stat. Ann. § 30-2-1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death, but do have to prove that a person exhibited at least “recklessness” or “gross negligence”--i.e. that “in the commission of or attempt to commit any felony,” a person “knew that his or her acts created a strong probability of death or great bodily harm.” State v. Fry, 138 N.M. 700, 711 (2005); State v. Groves, 478 P.3d 915, 920 (2020).
A conviction for felony murder carries a sentence of life or life without the possibility of parole.
New York
FELONY MURDER OVERVIEWIn New York, there are felony murder provisions in both the first and second degree murder statutes.
Under the second degree murder statute (N.Y. Penal Law § 125.25), prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit a specified felony and that “in the course of and in furtherance of such crime or of immediate flight therefrom” a death occurs.
The second-degree murder statute includes an “affirmative defense” if a person can show that they weren’t the one who committed or aided in the commission of the homicide, weren’t armed, and “had no reasonable found to believe” that any other participant was armed or “intended to engage in conduct likely to result in death or serious bodily injury.” Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a sentence of a minimum of 15 years to 25 years (parole eligibility after 15 years), and a maximum sentence of life imprisonment.
Under New York's first degree murder statute (https://www.nysenate.gov/legislation/laws/PEN/125.27), if prosecutors are able to prove that a person intended to kill during the commission of certain specified felonies, the sentence is mandatory life without the possibility of parole.
North Carolina
FELONY MURDER OVERVIEWIn North Carolina, felony murder is defined in the first degree murder statute (N.C. Gen. Stat. Ann. § 14-17).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to committed a specified felony or any other felony committed or attempted with a deadly weapon and a death occurred.
A conviction for felony murder carries a sentence of life without the possibility of parole or death.
North Dakota
FELONY MURDER OVERVIEWIn North Dakota, felony murder is defined in the general murder statute (N.D. Cent. Code Ann. § 12.1-16-01).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit a specified felony and that a death occurred “in the course of and in furtherance of such crime or of immediate flight therefrom.”
People charged with felony murder in North Dakota can raise an “affirmative defense” that they weren’t the one who committed or aided in the commission of the homicide, weren’t armed, and “reasonably believed” that no other participant was armed or “intended to engage in conduct likely to result in death or serious bodily injury.” Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a maximum sentence of life without the possibility of parole.
Ohio
FELONY MURDER OVERVIEWIn Ohio, felony murder is defined in the first degree murder (Ohio Rev. Code Ann. § 2903.02), aggravated murder (Ohio Rev. Code Ann 2903.01) and manslaughter statutes (Ohio Rev. Code Ann. § 2903.04).
Under the first degree murder statute, prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that a death occurred. Prosecutors can prove murder even when the death was caused by a third non-party (i.e. neither the person nor any accomplice).
A conviction for first degree felony murder carries a maximum sentence of 15 years to life.
Under Ohio's aggravated murder statute, if a prosecutor is able to prove that a person "purposefully" caused the death of another during a felony, the mandatory minimum sentence is life in prison, and the maximum is life without the possibility of parole.
Oklahoma
FELONY MURDER OVERVIEWIn Oklahoma, the felony murder subsection is defined in the first degree (Okla. Stat. Ann. tit. 21, § 701.7) and second degree murder statutes (Okla. Stat. Ann. tit. 21, § 701.8).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another felony (specific felonies for first degree murder and “any other felony” for second degree murder) and that a death occurred. Prosecutors can prove murder under the first degree murder statute even when the death was caused by a third non-party (i.e. neither the person nor any accomplice).
A conviction for felony murder if convicted as first degree murder carries a sentence of death, life without the possibility of parole, or life. A conviction for felony murder if convicted as second degree murder carries a minimum sentence of 10 years and a maximum of life.
Oregon
FELONY MURDER OVERVIEWIn Oregon, felony murder is defined in the second degree murder statute (Or. Rev. Stat. Ann. § 163.115).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit a specified felony and that a death occurred “in the course of and in furtherance of the [felony] … or during the immediate flight therefrom.”
A conviction for felony murder carries a sentence of life sentence with the possibility of parole after 25 years.
Pennsylvania
FELONY MURDER OVERVIEWIn Pennsylvania, felony murder is listed as a subsection in the state’s second degree murder statute. 8 Pa. Stat. C.S.. Ann. § 2502.
Prosecutors can charge and convict any person of second degree murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed another specified felony and that a death occurred. There is no possibility in Pennsylvania for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Pennsylvania mandates a sentence of life without the possibility of parole.
Rhode Island
FELONY MURDER OVERVIEWIn Rhode Island, felony murder is defined in the first degree (11 R.I. Gen. Laws Ann. § 11-23-1) and second degree murder statutes (11 R.I. Gen. Laws Ann. § 11-23-1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit another felony (specific felonies for first degree murder and “[a]ny other felony” for second degree murder) and that a death occurred. Prosecutors can prove murder even when the death was caused by a third non-party (i.e. neither the person nor any accomplice).
A conviction for felony murder carries a sentence of life or life without parole (for first degree murder) and a minimum of 10 years and maximum of life for second degree murder.
South Carolina
FELONY MURDER OVERVIEWSouth Carolina took 21 days to respond to our FOIA request with an Excel spreadsheet of people incarcerated, but not specific to those convicted and sentenced for felony murder.
South Carolina’s statutes are not specific for felony murder. As in most other states, South Carolina does not have a statute specifically codifying felony murder, which would make it easier to identify and isolate felony murder conviction data. Instead, as in most other states, felony murder is defined within its other murder statute, making it impossible based on the data provided alone to distinguish and identify who is incarcerated for felony murder specifically.
Although we appealed the FOIA results and asked for more specific data related to felony murder, South Carolina told us that the state does not maintain felony murder data.
South Dakota
FELONY MURDER OVERVIEWIn South Dakota, felony murder is defined in the first degree (S.D. Codified Laws § 22-16-4) and second degree murder statutes (Section 22-16-7).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony (for first degree murder) or any other act “imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child” and that a death occurred (second degree murder).
A conviction for felony murder carries a sentence of life without parole or death. Although second degree murder carriers a sentence of “life,” life sentences are not eligible for parole in South Dakota.
Tennessee
FELONY MURDER OVERVIEWIn Tennessee, felony murder is defined in the first degree murder statute (Tenn. Code Ann. § 39-13-202).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed another specified felony and that “in the perpetration of or attempt to perpetrate” it, a death occurred.
A conviction for felony murder carries a sentence of life, life without the possibility of parole, or death.
Texas
FELONY MURDER OVERVIEWIn Texas, felony murder is defined in the first degree murder statute (Tex. Penal Code Ann. § 19.02 )
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit another felony and that “in the course of and in furtherance of . . . or in immediate flight from” the felony, the person “commits or attempts to commit an act clearly dangerous to human life” and that a death occurred. Prosecutors can prove first degree murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice).
A conviction for felony murder carries a sentence of a minimum of 5 years and maximum of 99 years.
Utah
FELONY MURDER OVERVIEWIn Utah, felony murder is codified in the first degree murder statute (Utah Code Ann. § 76-5-203).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit a specified felony and during or immediately thereafter a death occurs.
A conviction for felony murder carries a sentence of a minimum of 15 years and maximum of life imprisonment.
Vermont
FELONY MURDER OVERVIEWIn Vermont, felony murder is codified in the first degree murder statute (Utah Code Ann. § 76-5-203).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors, however, must also prove that in committing or attempting to commit another specified felony, a person had the intent to inflict great bodily harm, or exhibited a “wanton disregard for human life.”
A conviction for felony murder carries a sentence of a minimum of 35 years and maximum of life imprisonment, or life without the possibility of parole, although a sentence can be as low as 15 years if mitigating circumstances are found by the jury.
Virginia
FELONY MURDER OVERVIEWIn Virginia, felony murder is defined as subsections in both the first degree murder (Va. Code Ann. § 18.2-32) and second degree murder statutes (Va. Code Ann. § 18.2-33). Virginia also has a unique felony murder statute, but is still classified as second degree murder. Different degrees of felony murder depend on the seriousness of the underlying felony.
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony and that a death occurred. There is no possibility in Virginia for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Virginia carries a sentence of 5 to 40 years for second degree murder, and a minimum of 20 years and a maximum sentence of life for first degree murder.
Washington
FELONY MURDER OVERVIEWIn Washington, felony murder is defined in the first degree murder (Wash. Rev. Code Ann. § 9A.32.030) and second degree murder statutes (Wash. Rev. Code Ann. § 9A.32.050).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony (first degree) or “any felony” (second degree) and that “in the course of or in furtherance of such crime or in immediate flight therefrom,” a death occurred.
People charged with felony murder in Washington can raise an “affirmative defense” that they weren’t the one who committed or aided in the commission of the homicide, weren’t armed, had “no reasonable grounds to believe” that any other participant was armed or “intended to engage in conduct likely to result in death or serious physical injury.“ Affirmative defenses, however, are extremely difficult to prove.
A conviction for felony murder carries a sentence of a minimum of 20 years and maximum of life imprisonment for first degree murder, or a range of 0 years to life for second degree murder.
West Virginia
FELONY MURDER OVERVIEWIn West Virginia, felony murder is defined in the first degree murder statute (W. Va. Code Ann. § 61-2-1).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit a specified felony and a death occurs.
A conviction for felony murder carries a sentence of life.
Wisconsin
FELONY MURDER OVERVIEWWisconsin is one of only four states that has a statute specifically codifying felony murder (Wis. Stat. Ann. § 940.03), which made it easier to identify felony murder conviction data. In most other states, felony murder is written as subsections of other murder and homicide statutes.
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person or an accomplice committed or attempted to commit another specified felony and that a death occurred. Prosecutors can prove murder even when the death was caused by a third non-party (i.e. neither the person nor their accomplice). There is no possibility in Wisconsin for a person charged with felony murder to raise an affirmative defense–i.e. that he or she acted under duress, that they weren’t armed and had no reason to believe another participant was armed or intended to engage in conduct likely to result in death.
A conviction for felony murder in Wisconsin adds up to 15 years on top of any sentence authorized for the underlying felony.
Wyoming
FELONY MURDER OVERVIEWIn Wyoming, felony murder is codified in the first degree murder statute (Wyo. Stat. Ann. § 6-2-101).
Prosecutors can charge and convict any person of murder without having to prove that they intended to cause another person’s death. Prosecutors must only prove that a person committed or attempted to commit a specified felony and a death occurs during the commission of the felony.
A conviction for felony murder carries a possible sentence of life, life without the possibility of parole, or death. Note, however, that a sentence of life is equivalent to life without the possibility of parole unless the Governor first commutes the sentence to a term of years.
What does this look like ?
We can do more for the safety and well-being of our communities by following the leadership of the people and organizations already building responses to harm that are not part of the criminal legal system.
Building accountable communities
Building accountable communities and supporting practices like transformative justice and restorative justice. Creating communities focused on addressing issues together in ways that interrupt racism and other forms of systemic and interpersonal violence can reduce the amount of harm that happens in the first place. Through methods like transformative justice, we can also build ways to address the needs of people that are harmed and create accountability without focusing on punishment. Learn more about these concepts and organizers engaged in this work at transformharm.org
Creating a society that meets all needs
Creating a society that meets the needs of everyone. We can prevent harm at the source by ensuring that everyone has what they need such as healthcare and housing. Such support is especially important for people who have been incarcerated. If everyone has what they need we can focus instead on building accountable communities.
Returning people back to their communities
The prison system is a racist tool that breaks apart families and communities. The pain and hardship caused by the prison system continues cycles of harm and we can interrupt it by reducing the number of incarcerated people immediately. Ending felony murder means ensuring that people incarcerated for felony murder charges can return to their communities.