Felony murder rule (South Carolina)

In the state of South Carolina, the common law felony murder rule is treated as an automatic aggravator for underlying felonies.[1] It is codified in SC Code ยง 16-3-20 but it is largely the creation of the state judiciary.[2][1] There are six underlying predicate felonies, five of which are traditional predicate felonies such as kidnapping, larceny, robbery, burglary and rape, as well as one nontraditional predicate felony, drug trafficking.[1] South Carolina is one of the few jurisdictions to require malice as an element for felony murder. The South Carolina Supreme Court recommended juries be permitted to infer the malice from some particular felonious purpose.[3] Co-felons are held liable in South Carolina for "any homicide that is the 'probable or natural consequence of the acts which were done in pursuance of this common design.'"[4]

References
  1. Francis, Traci Rose, "Availability Of The Felony-murder Rule Today: Equitable And Just Or Unfair And Excessive?" (2005). Electronic Theses and Dissertations, 2004-2019. 444. https://stars.library.ucf.edu/etd/444/.
  2. "2013 South Carolina Code of Laws :: Title 16 - Crimes and Offenses :: CHAPTER 3 - OFFENSES AGAINST THE PERSON :: SECTION 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought". Justia Law. Retrieved 2021-02-26.
  3. Lowry v. State, 657 S.E.2d 760, 764 (S.C. 2008).
  4. Guyora Binder, Making the Best of Felony Murder, 91 B.U. L. REV. 403, 404 (2011).
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