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In Maine, the crime of murder is committed if a person:
However, a person can also be convicted of murder via the state's felony murder rule. In some states felony murder is included in the state's first-degree murder law; However, in Maine, felony murder is its own distinct crime. Maine's felony murder law holds felons responsible for deaths that occur during or shortly after the commission of one of the inherently dangerous felonies listed in the table below.
Code Section |
Maine Revised Statute 17-A section 202: Felony Murder |
What's Prohibited? |
A person is guilty of felony murder if acting alone or with one or more other people in the commission of, the attempt to commit, or in the immediate flight from committing or attempting to commit murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape, the person or another participant causes the death of a human being, and the death is a reasonably foreseeable consequence of such commission, attempt, or flight. |
Affirmative Defenses |
It is an affirmative defense to a felony murder charge that the killer:
|
Penalties |
Felony murder is a Class A crime that is punishable by up to 30 years in prison, and/or a fine of up to $50,000. |
Most forms of murder require the offender to have acted with malice, or the intent to cause serious bodily injury or death. However, felony murder only requires that the offender had the intent to commit the felony. For example, if Paul and John attempt to rob a jewelry store together and while sacking the store Paul shoots and kills the store's security guard, John can be convicted of felony murder if he knew that Paul was carrying a gun.
State laws change frequently. For case specific information regarding Maine's felony murder law contact a local criminal defense lawyer.
Contact a qualified attorney.
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