What is the actus reus for an aider and abettor to be convicted of first degree felony murder?

California, United States of America


The following excerpt is from People v. Clark, 203 Cal.Rptr.3d 407, 372 P.3d 811, 63 Cal.4th 522 (Cal. 2016):

People v. Cavitt (2004) 33 Cal.4th 187, 197, 14 Cal.Rptr.3d 281, 91 P.3d 222.) The actus reus requirement for an aider and abettor to first degree felony murder is aiding and abetting the underlying felony or attempted felony that results in the murder. ( 31, 189.) The mens rea for an aider and abettor to first degree felony murder is the same as that for the actual shooter: The purpose of the felony-murder rule is to deter those who commit the enumerated felonies by holding them strictly responsible for any killing committed by a cofelon, whether intentional, negligent, or accidental, during the perpetration or attempted perpetuation of the felony. (People v. Cavitt, supra, 33 Cal.4th at p. 197, 14 Cal.Rptr.3d 281, 91 P.3d 222.)

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