- some felonies will make a first degree charge, even accidental death. ( also co-felons are guilty, even if victim is one of them)
- some are second degree murder ( check statute)
- applies to perpetration and attempted perpetration of these murders.
- might likely include:
- burglary ( breaking an entering)
- sexual molestation of a child
even where there is conrtibutory negligence this functions like a strict liablitiy
CA PEN CODE: killings comitted during other felonies other then listed are second degree.
LIMITATIONS: some courts ( forseeable death) in case of firefighter, should have known firefighters would come to aid, and thus ff death was a forseeable, also some negligence would also be forseeable.
- must be a dangerous felony, gun cleaning by felon does not apply
- and must be dangerous in manner of death ( gun discharge while cleaning it by a felon)
- felony must be independent ( and accidental? ) otherwise killing merges with the killing and crime eg. rape resulting in death becomes murder one.
- must actually cause death, police and victims do not count
- COMPARE: a resisting victim in a robbery kills another felon, then felons are not liable.
- in the perpertration of the felony.
MPC: not a separeate catagory of murder.but might still be guilty if commiting a dangerous crime by showing reckless indifference to human life.