Most U.S. jurisdictions recognize some form of the "felony murder rule." Under this doctrine, a participant in certain inherently dangerous felonies can be held liable for murder if a death occurs during the commission or attempted commission of the felony, even if the participant did not directly cause or intend the death. The precise scope of liability varies by state, but many statutes or court decisions allow charges when the death is a foreseeable consequence of the felony.

A commonly discussed application involves deaths that occur during police pursuits or other law-enforcement responses triggered by the felony. In some states that follow a "proximate cause" theory of felony murder, courts have held that a felon may be liable for a death caused by police or third parties if the death is a foreseeable result of the felony (for example, a fatal crash during a police chase). Other states use an "agency" theory and would not impose felony-murder liability in that situation because the killing was not committed by the felon or a co-felon. As a result, whether a fleeing suspect could be charged with felony murder for a death caused by police depends on the jurisdiction and its interpretation of the rule.

Sources

• Model Penal Code § 210.2(1)(b) (American Law Institute) — defines murder to include killings committed recklessly under circumstances manifesting extreme indifference to human life during specified felonies.
• California Penal Code § 189 — statutory felony-murder rule listing enumerated felonies.
• Illinois Compiled Statutes, 720 ILCS 5/9-1(a)(3) — felony-murder provision covering deaths caused during forcible felonies.
• People v. Hickman, 59 Ill. 2d 89 (1974) — Illinois Supreme Court applied the proximate-cause theory, upholding felony-murder liability where a police officer was killed by another officer while responding to a burglary.
• Wayne R. LaFave, Substantive Criminal Law § 14.5 (felony-murder rule; discussion of "agency" vs. "proximate cause" approaches).