Murder in Pennsylvania law
Felony Murder in Pennsylvania[1]
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree."[2] The statute provides that "[criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."[3]
The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
- The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.[4]
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).
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Footnotes
- ^ Pennsylvania was the first state to differentiate the crime of "murder" into degrees based upon the culpability of the perpetrator.
- ^ See 18 Pa.C.S.A. § 2502(b). An official version of the Pennsylvania Statutes is available here. Unofficial versions are available online here.
- ^ Id.
- ^ Id. at 2502(d).