Is a murder committed in the course of a rape or attempted rape considered a felony murder?
California, United States of America
The following excerpt is from People v. Shamblin, E059714 (Cal. App. 2015):
Murder perpetrated in the course of a rape or attempted rape is felony murder, which is first degree murder. ( 189.) The murder is considered perpetrated in the course of a rape or attempted rape if the acts were part of a "continuous transaction." (People v. Booker (2011) 51 Cal.4th 141, 175 (Booker).) The requisite mental state for felony murder is a specific intent to commit the underlying felony. (People v. Cavitt (2004) 33 Cal.4th 187, 197.)
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