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 Indiana, the felony murder rule is codified in the Indiana Code under IC 35-42-1-1, which states that a person who kills another human being while committing or attempting to commit certain felonies, such as robbery, burglary, rape, arson, kidnapping, or carjacking, commits murder, a felony. This rule applies to accomplices as well, meaning that if a death occurs during the commission of a felony, all participants in the felony can be held liable for murder, regardless of who actually caused the death. This includes situations where an accomplice serves as a lookout or getaway driver. The rule also applies if a co-felon is killed during the crime, for example, by law enforcement. The intent to kill is not a necessary element for a felony murder charge under this doctrine; the mere participation in a qualifying felony that results in a death is sufficient for murder charges to be brought against all accomplices.