What is an "inherently dangerous felony" in the context of second degree felony-murder?

California, United States of America


The following excerpt is from People v. Patterson, 262 Cal.Rptr. 195, 49 Cal.3d 615, 778 P.2d 549 (Cal. 1989):

We therefore conclude--by analogy to the established definition of the term "dangerous to life" in the context of the implied malice element of second degree murder (see People v. Watson, supra, 30 Cal.3d 290, 179 Cal.Rptr. 43, 637 P.2d 279)--that, for purposes of the second degree felony-murder doctrine, an "inherently dangerous felony" is an offense carrying "a high probability" that death will result. A less stringent standard would inappropriately expand the scope of the second degree felony-murder rule reducing the seriousness of the act which a defendant must commit in order to be charged with murder. 9

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