Does the common law felony murder rule apply in Utah?
The “felony murder” rule was originally developed under English common law. In enacting the Utah statutory criminal code, the Legislature abandoned common law crime definitions and instead established that only offenses affirmatively established by the criminal code or other statute or ordinance would be considered criminal offenses. See, Utah Code 76-1-105.
The felony murder rule still survives in the Utah criminal code under Utah Code 76-5-203, but with specific differences from the original common law.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Common Law Felony Murder
Under the traditional common law felony murder rule, a person could be charged with murder if any person was killed (intentionally or unintentionally) during the commission of another felony offense. This rule extended to victims of the other felony, bystanders, police, or even another participant in the crime.
Many jurisdictions in the United States have adopted statutes that are very similar to the common law felony murder rule, but often with important distinctions. Some states limit the predicate offenses that can serve as the basis of a felony murder charge to only dangerous or violent felonies. Other states have excluded certain classes of victim, typically other participants in the underlying felony crime. Utah has done both.
Utah’s Statutory Felony Murder Rule
Under section 76-5-203, a person can be convicted of murder if someone other than a “party” (an accomplice – someone participating in the underlying crime) is killed during the commission, attempted commission, or immediate flight from the commission or attempted commission of a specified predicate offense.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
The list of predicate offenses is made up of felonies that are generally considered dangerous or violent, including:
- kidnapping and child kidnapping;
- rape, object rape, forcible sodomy;
- forcible sexual abuse and aggravated sexual assault;
- felony child abuse;
- sexual abuse of a child and aggravated sexual abuse of a child;
- rape of a child, object rape of a child, and sodomy upon a child;
- arson and aggravated arson;
- burglary and aggravated burglary;
- robbery and aggravated robbery;
- escape and aggravated escape;
- felony violations involving discharge of a firearm or dangerous weapon; and
- clandestine drug lab violations.
“Merger” of Offenses in Utah Criminal Cases
Merger typically involves situations where the elements of one offense are a necessary part of the commission of another offense. For example, certain sexual offenses necessarily involve some degree of detention. Under the doctrine of merger, if the detention continues for no longer than what is necessary to commit the other offense, then the detention merges with the other offense and cannot be used to support a separate kidnapping charge. But if the detention continues longer than is necessary, it can be prosecuted as a separate offense.
Under Utah’s version of the felony murder rule, none of the predicate offenses are subject to the merger doctrine. Each predicate offense can constitute a separate charge and can carry its own independent penalties. Thus, for example, a person could be charged and convicted both for murder and for burglary if another person were accidentally killed during the commission of the burglary.
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