Felony Homicide

Felony homicide is a common but controversial concept. If a person is killed, even accidentally, during the commission of any felony, then the person engaged in the original felony can be found guilty of “felony homicide.” This is the case even where the person killed is a co-conspirator and even when the person killed is killed by law enforcement…

§ 18.2-33. Felony homicide defined; punishment.
The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.