In the state of
New York, the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
felony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in s ...
has been codified in
New York Penal Law
The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature.
It is composed of several chapters, or laws. New York uses a system called ...
§ 125.25. The New York version of the rule provides that a death occurring during the commission of certain
felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
becomes
second degree murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
.
Affirmative defenses
The rule also provides an
affirmative defense.
[McCarthy, K.E. ''Felony Murder.'' Connecticut General Assembly Office of Legislative Research. 13 February 2008] 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, and
*Were not armed with a deadly weapon, and
*Had no reason to believe that another participant carried a deadly weapon, and
*Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury
See also
*
Law of New York
References
{{reflist
Murder in New York (state)
New York (state) law
U.S. state criminal law