Felony murder rule (California)

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For the felony murder rule in all U.S. jurisdictions, see felony murder rule.
This article is about felony murder in California. For murder law in California in general, see Murder (California).

In the state of California, a heavily modified version of the common law felony murder rule is codified in California Penal Code § 189.[1]

Circumstances[]

Since the enactment of Senate Bill 1437 on September 30, 2018,[2] felony murder can only be prosecuted in certain specific circumstances:

  • The defendant, with the intent to have the victim killed, "aided, abetted, counseled, commanded, induced, solicited, requested, or assisted" the actual killer.[3]
  • The defendant was a major participant in the underlying felony and acted with reckless indifference to human life.[4]
  • The victim was a peace officer who was killed while in the course of the peace officer’s duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of their duties.[5]

Escape rule[]

In March of 2013, the California Supreme Court held in People v. Wilkins ((2013) 56 Cal.4th 333) that a burglary is complete for purposes of the felony murder rule where death resulted from a negligent act committed while actively engaged in a burglary. Wilkins committed a burglary. On the way from the burglary, unsecured items fell from his pickup truck, causing another driver to swerve and become involved in a fatal collision. The Court set aside the conviction, which had been upheld by the Court of Appeals, reaffirming the escape rule in which a defendant is deemed to have completed a burglary when he escapes from the scene, is no longer being chased, and has unchallenged possession of the property.[6]

Inherently dangerous felonies[]

In the case People v. Ford, 60 Cal.2d 772 (1964), the California Supreme Court held that homicide during the commission of a felony can constitute second degree murder if the felony is "inherently dangerous to human life."[7]

In the case People v. Hansen, 9 Cal.4th 300 (1994), the California Supreme Court held that discharging a firearm at an inhabited dwelling is an inherently dangerous felony for the purposes of second degree felony murder.[8]

California courts have also found manufacturing methamphetamine,[9] maliciously burning a car,[10] and possessing a bomb in a residential area [11] to be inherently dangerous felonies.

References[]

  1. ^ Cal. Penal Code § 189
  2. ^ "Bill Text - SB-1437 Accomplice liability for felony murder".
  3. ^ Cal. Penal Code § 189 subd. (e)(2)
  4. ^ Cal. Penal Code § 189 subd. (e)(3)
  5. ^ Cal. Penal Code § 189 subd. (f)
  6. ^ Justices Clarify Felony Murder Rule,The Recorder, March 7, 2013
  7. ^ People v. Patterson, 49 Cal.3d 615, 626 (1989)
  8. ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 865
  9. ^ People v. James (1998) 62 Cal.App.4th 244, 258.
  10. ^ People v. Nichols (1970) 3 Cal.3d 150
  11. ^ People v. Morse (1992) 2 Cal.App.4th 620, 646
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