Felony Murder Rule in Oklahoma

Felony Murder Rule in Oklahoma

Oklahoma law allows one to be charged with first degree murder, if death results during the commission of certain felony (regardless of their intent). This is referred to as the “Felony Murder Rule”. This rule covers any person committing or attempting to commit the underlying felony, along with any accomplices. This concept is referred to as “the felony murder rule”.  

The Felony Murder Rule grew out of the following principle: one who is responsible for unintended death of another, during the perpetration or attempted commission of a felony, was guilty of murder. The threat posed by the commission of felonies warranted strict response and as a result, the threats serve as a justification for the harshness of the rule.

Felony Murder Rule in OklahomaThe expansion of what crimes constitute a felony have caused narrowing of the Felony Murder Rule in Oklahoma. Currently, the Felony Murder Rule attaches to the commission or attempted commission of the following crimes (See OUJI-CR 4-65):

[forcible rape]

[robbery with a dangerous weapon]


[escape from lawful custody]

[first-degree burglary/arson]

[murder of a person other than the deceased]

[shooting/discharge of a firearm/crossbow with intent to kill a person other than the deceased]

[intentional discharge of a firearm/[specify other deadly weapon] into a dwelling/(building used for business/public purposes)]

[unlawful distributing or dispensing of controlled dangerous substances]

[trafficking in illegal drugs]

There are two critical elements of felony murder: commission of a felony, and death to the victim as a consequence of the defendant’s conduct in committing that crime.

The Felony Murder Rule does not require that any particular intent or mental state be established in order to convict the defendant of felony-murder. In addition, all co-felons participating in the felony may be convicted of murder where the conduct of any one of the participants causes death in the commission of the crime.

The committee comments on the jury instruction for this crime illustrate how the rule has been narrowed. See OUJI-CR 4-93:

“Several points must be emphasized regarding the “any felony” language of section 701.8. First, the Oklahoma Court of Criminal Appeals announced in Barnett v. State, 2011 OK CR 28, ¶¶ 10-15, 32, 263 P.3d 959, 963-64, that it would no longer require the precedent felony to be an independent crime that was not included within the resulting homicide, and the Court abandoned the merger doctrine, which previously had restricted the crime of second degree felony murder.

In addition, the “any felony” language raises the specter of a forger being convicted of murder if he accidentally trips his victim and causes the victim to strike his head and suffer death. Many jurisdictions have circumscribed the scope of the “any felony” rule by judicial decision. See, e.g., People v. Washington, 62 Cal. 2d 777, 402 P.2d 130 (1965); Commonwealth v. Redline, 391 Pa. 486, 137 A.2d 472 (1958). The restriction of the felony-murder rule to those crimes which evince some potential for peril to others is more in accordance with the common law development of the doctrine than it is an unfettered interpretation of the “any felony” provision. Indeed, at common law the felony-murder rule was in fact more narrow and less arbitrary because, at the time the doctrine developed, the few existing felonies were themselves punishable by death. W. LaFave & A. Scott, Criminal Law§ 71, at 545-48 (1972).

The Oklahoma Court of Criminal Appeals has afforded explicit recognition to this limiting principle. In Wade v. State, 1978 OK CR 77, 581 P.2d 914, the defendant committed the felony of possession of a loaded pistol in an establishment where beer or alcoholic beverages were consumed, in contravention of 21 O.S. Supp. 1976, §§ 1272.1 – 1272.2. In affirming the defendant’s conviction for felony-murder in connection with the homicide of a woman by the defendant, the Court articulated a requirement which must link the underlying felony to the homicide: “The felony must be inherently or potentially dangerous to human life, inherently dangerous as determined by the elements of the offense or potentially dangerous in light of the facts and circumstances surrounding both the felony and the homicide.” Id. ¶ 4, 581 P.2d at 916.

Thus, the Court has adopted an approach to the question of whether the particular felony at issue might form the basis for a felony-murder charge that requires an examination of the circumstances in which the crime was committed, as well as of the crime itself. As an abstract proposition, some felonies, such as burglary or robbery, are inherently dangerous to life, while others, such as larceny or false pretenses, are not. But the facts of the particular case, including the circumstances under which the felony was perpetrated, must be examined in order to determine whether even a nonperilous felony is committed in such a way as to create a potential danger to life.

The determination of the inherent or potential peril to human life engendered by the defendant’s conduct must be made by the trial judge. Should he find the felony-murder rule inappropriate as applied to a particular felony, he should not instruct on it. Should he find the felony-murder rule applicable, he must determine which felony or felonies to name and define in the instruction.”

See OUJI-CR 4-93 here. http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR%204-93

If you have questions regarding the Felony Murder Rule in Oklahoma, or any other crime,  contact our Tulsa criminal defense attorneys at (918)592-1144 for a consultation. Our firm has been protecting the rights of Oklahomans for over 30 years.


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