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 Ohio, the felony murder rule is codified in the Ohio Revised Code under Section 2903.02(B). This statute establishes that a person can be charged with murder if they cause the death of another as a result of committing or attempting to commit a violent felony such as aggravated robbery, burglary, kidnapping, arson, rape, or terrorism. Under this rule, all participants in the felony can be held liable for murder if a death occurs during the commission of the felony, regardless of their direct involvement in the lethal act. This means that accomplices, such as a lookout or getaway driver, can face murder charges even if they did not personally inflict harm. The intent to kill is not a necessary element for felony murder charges in Ohio; the mere participation in a qualifying felony that results in death is sufficient for a murder charge. It is important to note that Ohio law does not distinguish between the levels of culpability of different participants in the felony; all are equally liable for any resulting death.
