In the state of
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* ...
, the
common law felony murder rule
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony i ...
has been codified in
New York Penal Law § 125.25. The New York version of the rule provides that a death occurring during the commission of certain
felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...
becomes
second degree murder.
Affirmative defenses
The rule also provides an
affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...
.
[McCarthy, K.E. ''Felony Murder.'' Connecticut General Assembly Office of Legislative Research. 13 February 2008] The defendant has an affirmative defense if the crime was committed in a group and they:
*Did not actually commit, solicit, or aid the homicide, and
*Were not armed with a deadly weapon, and
*Had no reason to believe that another participant carried a deadly weapon, and
*Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury
See also
*
Law of New York
References
{{reflist
Murder in New York (state)
New York (state) law
U.S. state criminal law