Felony murder rule in New York
In the state of New York, the common law felony murder rule has been codified in New York Penal Law § 125.25.[1] The New York version of the rule provides that a death occurring during the commission of certain felonies becomes second degree murder.
Felonies that warrant the felony murder rule
A defendant can be charged with second-degree murder when they committed or attempted to commit one of the following felonies, regardless of intent to kill, causing someone's death:[1]
- Robbery
- Burglary
- Kidnapping
- Arson
- First-degree rape
- First-degree criminal sexual act
- First-degree sexual abuse
- Aggravated sexual abuse
- First-degree escape
- Second-degree escape
Affirmative defenses
The rule also provides an affirmative defense.[2] The defendant has an affirmative defense if the crime was committed in a group and they:
- Did not actually commit, solicit, or aid the homicide
- Were not armed with a deadly weapon
- Had no reason to believe that another participant carried a deadly weapon
- Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury
See also
References
- § 125.25 Murder in the second degree.
- McCarthy, K.E. Felony Murder. Connecticut General Assembly Office of Legislative Research. 13 February 2008
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.