In Georgia, felony murder is a type of murder charge that can be applied in certain circumstances. Here's a breakdown of the law:
**Definition:** Felony murder is a type of murder that occurs when a person commits a felony, and in the course of committing that felony, a death occurs. The death does not have to be intentional, but it must be a direct result of the felony.
**Georgia Code:** The Georgia Code defines felony murder as:
"A person commits the offense of murder when, in the commission of a felony, he causes the death of another human being or the death of a viable unborn child, irrespective of malice." (O.C.G.A. § 16-5-1(c))
**Key elements:**
1. **Felony:** The underlying crime must be a felony. In Georgia, felonies include crimes such as armed robbery, burglary, kidnapping, and aggravated assault.
2. **Causation:** The death must be a direct result of the felony. This means that the death must be a foreseeable consequence of the felony.
3. **No intent to kill:** The person committing the felony does not have to intend to kill anyone. The death can be accidental or unintentional.
**Examples:**
1. A person commits an armed robbery and, during the robbery, shoots and kills a store clerk.
2. A person commits a burglary and, during the burglary, a police officer is killed in a shootout.
3. A person kidnaps someone and, during the kidnapping, the victim dies from injuries sustained during the abduction.
**Punishment:** Felony murder is punishable by life imprisonment or death, depending on the circumstances of the case.
**Important notes:**
1. **Felony murder rule:** Georgia follows the "felony murder rule," which means that anyone involved in the commission of a felony can be charged with felony murder, even if they did not directly cause the death.
2. **Prosecutorial discretion:** Prosecutors have discretion to charge felony murder, even if the death was unintentional. However, they must prove that the death was a direct result of the felony.
It's worth noting that the felony murder rule has been criticized for being overly broad and leading to harsh sentences for individuals who may not have intended to cause harm. However, it remains a part of Georgia law.
