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 Vermont, the felony murder rule is codified under Vermont Statutes Title 13, Section 2301. This rule establishes that a person can be charged with murder if they kill another person while committing or attempting to commit a felony that is punishable by life imprisonment or if death results from the commission of certain felonies such as arson, sexual assault, robbery, burglary, kidnapping, or escape. The rule applies to accomplices as well, meaning that if a death occurs during the commission of a qualifying felony, all participants 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 intent to kill is not a necessary element for felony murder charges under this doctrine; the mere participation in the felony which results in a death is sufficient to establish liability for murder.