To Be Liable for Murder 1st Under the Felony Murder Rule, the Perpetrator Must “Actually Cause” the Death of Another During the Course of the Predicate Crime

By: Ray Hill, Professor Emeritus, Santa Rosa Junior College

Special Message: Welcome Redlands Police Department (San Bernardino County) to LEGALUPDATES.COM. You are most welcome to comment or ask questions on any of my articles. Recognition to your department for the commitment to keep staff “legally updated”.

CASE ALERT:

To Be Liable for Murder 1st Under the Felony Murder Rule, the Perpetrator Must “Actually Cause” the Death of Another During the Course of the Predicate Crime – 190.2 / 198 P.C. (California v. Vang, 3DCA #C090365, 8/5/22).

This recent case illustrates Hill’s Rule #2 – “The Law is Not Always Logical”. “It Just Is!”.

Defendant was charged with numerous felony crimes against a former girlfriend and his wife. He and his wife got into an argument over alleged infidelity. She drove away in her vehicle. The defendant followed and eventually blocked her path with his vehicle and forced her into his truck. In a desperate act to escape during further transit, the victim began to open the passenger door. Defendant told officers he attempted to grab her (his version), but she pulled way, and jumped from the vehicle. She suffered massive head injuries and died at the scene.

Under the Felony Murder Rule doctrine, defendant was charged and convicted of Murder 1st with Special Circumstances– a homicide committed during the commission of an underlying felony (kidnapping).

3DCA reversed the Murder 1st conviction. In 2018, our legislature (in their infinite wisdom) passed SB 1437 amending 190.2 / 198 P.C. Looking at the Senate Resolution accompanying this legislation, our elected representatives felt that it was” inequitable” to apply the Felony Murder Rule to a person based solely on one’s participation in a “statutorily enumerated" felony crime. “In California, defendants in felony ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.