What is the mental state required to be convicted of a felony murder?
California, United States of America
The following excerpt is from People v. Larrea, F066300, F066331 (Cal. App. 2014):
(People v. Lewis (2001) 25 Cal.4th 610, 642.) "The mental state required is simply the specific intent to commit the underlying felony ...." (People v. Cavitt, supra, 33 Cal.4th at p. 197.) "If one is not guilty of the underlying felony due to duress, one cannot be guilty of felony murder based on that felony." (People v. Anderson, supra, at p. 784.)
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