What Are The Statutory Defenses To Felony Murder?

It is an affirmative defense to a felony murder charge that:

  1. The defendant did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission of the homicidal act; and
  2. Was not armed with a deadly weapon, instrument, article, or substance readily capable of causing death or serious physical injury not ordinarily carried in public places by law-abiding persons; and
  3. Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
  4. Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

If all four (4) requirements have been met, the accused is absolved from liability for felony murder.