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 Virginia, the felony murder rule is codified in the state's criminal statutes and is defined under Virginia Code § 18.2-33. The rule establishes that if a killing occurs during the commission of, or attempt to commit, certain felonies, all participants in that felony can be charged with felony murder, regardless of their direct involvement in the death. The underlying felonies typically include arson, rape, robbery, burglary, abduction, and other serious felonies. This means that accomplices, such as a lookout or getaway driver, can be held as responsible for a death that occurs during the commission of these felonies as the person who directly caused the death. The rule applies even if there was no intention to kill anyone and extends to the death of a co-felon, for example, if a co-felon is killed by law enforcement during the commission of the felony. It's important to note that Virginia's application of the felony murder rule may have nuances and exceptions, and case law can further interpret its application. Therefore, consulting with an attorney for specific legal advice is recommended for anyone facing or interested in the implications of the felony murder rule in Virginia.