What is the required mental state for a felony murder?
California, United States of America
The following excerpt is from People v. Ghobrial, 234 Cal.Rptr.3d 669, 420 P.3d 179, 5 Cal.5th 250 (Cal. 2018):
"For felony murder, the required mental state is the specific intent to commit the underlying felony. [Citation.] The killing is considered to be committed in the perpetration of the underlying felony if the acts were part of a continuous transaction. [Citation.] No strict causal or temporal relationship between the murder and underlying felony is required." ( People v. Booker (2011) 51 Cal.4th 141, 175, 119 Cal.Rptr.3d 722, 245 P.3d 366 ( Booker ).)
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