Felony murder refers to any death that occurs during the commission of
a serious felony. If a person dies during the commission or attempted
commission of an inherently dangerous felony, that person can be convicted
of first-degree murder. The death that occurs can be intentional or unintentional.
Inherently dangerous felonies include, but are not limited to,
arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking,
sodomy, child molestation and drive-by shootings. For example, if Tom
robs Erick at gunpoint and a fight and struggle ensues and Erick is eventually
shot and killed, then Tom could be prosecuted under the felony murder
rule and convicted of murder. Felony murder is also referred to as the
felony murder doctrine.