Me. Rev. Stat. » Title 17-A
Maine Revised Statutes

Me. Rev. Stat. tit. 17-A, § 202 (2026)

Felony murder

✓ current as of May 2026
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1.  A person is guilty of felony murder if acting alone or with one or more other persons in the commission of, or an attempt to commit, or immediate flight after committing or attempting to commit, murder, robbery, burglary, kidnapping, arson, gross sexual assault, or escape, the person or another participant in fact causes the death of a human being, and the death is a reasonably foreseeable consequence of such commission, attempt or flight.  
[PL 1991, c. 377, §8 (AMD).]
2.  It is an affirmative defense to prosecution under this section that the defendant:  
A. Did not commit the homicidal act or in any way solicit, command, induce, procure or aid the commission thereof;   [PL 1977, c. 510, §39 (RPR).]
B. Was not armed with a dangerous weapon, or other weapon which under circumstances indicated a readiness to inflict serious bodily injury;   [PL 1977, c. 510, §39 (RPR).]
C. Reasonably believed that no other participant was armed with such a weapon; and   [PL 1977, c. 510, §39 (RPR).]
D. Reasonably believed that no other participant intended to engage in conduct likely to result in death or serious bodily injury.   [PL 1977, c. 510, §39 (RPR).]
[PL 1977, c. 510, §39 (RPR).]
3.  Felony murder is a Class A crime.  
[PL 1977, c. 510, §39 (NEW).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1975, c. 740, §40 (AMD). PL 1977, c. 510, §39 (RPR). PL 1979, c. 701, §20 (AMD). PL 1991, c. 377, §8 (AMD).
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Notes of Decisions
Cited in 34 cases (4 in the last 5 years), 1976–2025 · leading case: State v. Reardon, 486 A.2d 112 (Me. 1984).
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State v. Reardon, 486 A.2d 112 (Me. 1984). · cites it 3× “Thus, Maine’s new criminal code effective May 1, 1976, in introducing its own felony murder rule, provides expressly as basic elements of felony murder under 17-A M.R.S.A. § 202, (1) that the commission of any of the statutorily enumerated felonies in fact causes the death of…”
State v. Philbrick, 436 A.2d 844 (Me. 1981). · cites it 2× “17-A M.R.S.A. § 202 (Supp.1976) reads in pertinent part as follows: 1.”
State of Maine v. Aubrey Armstrong, 2019 ME 117 (Me. 2019). · cites it 2× “On January 27, 2016, while being held on the charges against her, Fritze committed suicide. [¶8] Armstrong was arrested in New York pursuant to a warrant and, after being extradited to Maine, pleaded not guilty to each charge.”
State v. Lopez, 184 A.3d 880 (Me. 2018). · cites it 2× “) following his guilty plea to an information charging him with felony murder (Class A), 17-A M.R.S. § 202(1) (2017). The court imposed a prison sentence of twenty years, all but ten years suspended, with four years' probation and a restitution order of $6,592.”
State v. Caouette, 462 A.2d 1171 (Me. 1983). · cites it 3× “Felony Murder Instruction Defense counsel requested the presiding justice to instruct the jury on the elements of felony murder, 17-A M.R.S.A. § 202 (1983), as a lesser included offense of murder, section 201.”
State v. Doucette, 470 A.2d 676 (Vt. 1983). · cites it 2× “1983); Me. Rev. Stat. Ann. tit. 17-A, § 202 (West 1983) ; N.”
Commonwealth v. Matchett, 436 N.E.2d 400 (Mass. 1982). “1980) (no felony-murder rule); Me. Rev. Stat. Ann. tit. 17-A, § 202 (Supp.”
State v. Pickering, 462 A.2d 1151 (Me. 1983). · cites it 2× “1979), we ruled that the felony-murder statute *1162 (17-A M.R.S.A. § 202) did not repeal or constitute an exception to the accomplice statute (17-A M.”
State v. Hicks, 495 A.2d 765 (Me. 1985). · cites it 3× “17-A M.R.S.A. § 202 (1975, c. 740, § 40) (repealed 1977); 17-A M.”
State v. Kimball, 424 A.2d 684 (Me. 1981). · cites it 2× “By one formulation of their contentions defendants appear to be asserting that the presiding justice erred because, as they say, *692 he gave the jury an instruction which authorized a conviction on the basis of “felony-murder”, even though the instant indictments do not charge…”
State v. Philbrick, 402 A.2d 59 (Me. 1979). · cites it 2× “17-A M.R.S.A. § 202 (Supp. 1976) reads in part here relevant: I.”
State v. Linscott, 520 A.2d 1067 (Me. 1987). · cites it 2× “Moreover, we have upheld the constitutionality of two related statutes, the felony murder statute, 17-A M.R.S.A. § 202 (1983), and the depraved indifference murder statute, 17-A M.”
Show all 34 citing cases →
— Me. Rev. Stat. tit. 17-A, § 202(1) — 10 cases
State of Maine v. Aubrey Armstrong, 2019 ME 117 (Me. 2019). “On January 27, 2016, while being held on the charges against her, Fritze committed suicide. [¶8] Armstrong was arrested in New York pursuant to a warrant and, after being extradited to Maine, pleaded not guilty to each charge.”
State v. Lopez, 184 A.3d 880 (Me. 2018). “) following his guilty plea to an information charging him with felony murder (Class A), 17-A M.R.S. § 202(1) (2017). The court imposed a prison sentence of twenty years, all but ten years suspended, with four years' probation and a restitution order of $6,592.”
State of Maine v. John V.C. Lopez, 2018 ME 59 (Me. 2018).
State v. Reardon, 486 A.2d 112 (Me. 1984). “Thus, Maine’s new criminal code effective May 1, 1976, in introducing its own felony murder rule, provides expressly as basic elements of felony murder under 17-A M.R.S.A. § 202, (1) that the commission of any of the statutorily enumerated felonies in fact causes the death of…”
State of Maine v. John De St. Croix, 2020 ME 142 (Me. 2020).
— Me. Rev. Stat. tit. 17-A, § 202(1)(A) — 6 cases
State v. Philbrick, 436 A.2d 844 (Me. 1981). “17-A M.R.S.A. § 202 (Supp.1976) reads in pertinent part as follows: 1.”
State v. Sprague, 394 A.2d 253 (Me. 1978).
State v. Philbrick, 481 A.2d 488 (Me. 1984).
State v. Philbrick, 402 A.2d 59 (Me. 1979). “17-A M.R.S.A. § 202 (Supp. 1976) reads in part here relevant: I.”
State v. Smith, 382 A.2d 40 (Me. 1978).
— Me. Rev. Stat. tit. 17-A, § 202(3) — 2 cases
State v. Caouette, 462 A.2d 1171 (Me. 1983). “Felony Murder Instruction Defense counsel requested the presiding justice to instruct the jury on the elements of felony murder, 17-A M.R.S.A. § 202 (1983), as a lesser included offense of murder, section 201.”
State v. Linscott, 520 A.2d 1067 (Me. 1987). “Moreover, we have upheld the constitutionality of two related statutes, the felony murder statute, 17-A M.R.S.A. § 202 (1983), and the depraved indifference murder statute, 17-A M.”
— Me. Rev. Stat. tit. 17-A, § 202(l)(A) — 1 case
State v. Carter, 412 A.2d 56 (Me. 1980).
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