MBE Critical Pass Practice Test

Felony murder liability hinges on causing a death during the commission or attempted commission of a dangerous underlying felony. The death is treated as murder even if there was no intent to kill. Because the underlying felony is an element of felony murder, the state must prove that the defendant committed that felony as part of the charged conduct.

If a valid defense defeats the underlying felony (for example, showing the act wasn’t a felony or the elements of the felony aren’t met), the felony-murder charge falls with it. Since there is no underlying felony proven, there’s no basis for felony murder. And the idea that a defendant must intend to kill is incorrect; the crime does not require an intent to kill—only the commission of the underlying felony (or conduct that satisfies its elements) and the resulting death.

So the true statement reflects that proving the underlying felony is essential, and defenses to that felony carry over to the felony-murder charge.