# MBE Criminal Law Felony Murder: Redline / Agency Theory Trap Canonical: https://www.barprepplay.com/mbe/criminal-law/felony-murder-co-felon-killed-by-officer/ Subject: Criminal Law Byline: BarPrepPlay Last reviewed: April 21, 2026 ## Fact pattern Theo and Jonas plan to rob the Maple Avenue Pharmacy. Theo, armed with an unloaded prop pistol that looks like a real revolver, enters the pharmacy and demands cash. Jonas waits in the getaway car outside with the engine running. The pharmacist hits a silent alarm. Officer Reyes arrives ninety seconds later, draws her service weapon, and orders Theo to drop the pistol. Theo points the prop pistol at her. Officer Reyes fires twice and kills Theo. Jonas, still in the car, is arrested without resistance. The state charges Jonas with felony murder for the death of his co-felon Theo. ## Quick answer Under the majority agency theory and the Redline doctrine, Jonas is not guilty of felony murder for Theo's death. He remains liable for the underlying armed robbery and conspiracy. Felony murder makes a defendant guilty of murder when a death occurs during the commission of a qualifying felony. Two limiting doctrines restrict the rule when the killer is not a co-felon. The agency theory — the majority and MBE-default view — holds that felony murder applies only when the killing is committed by the defendant or a co-felon acting in furtherance of the felony. Killings by police officers, victims, or bystanders do not trigger felony-murder liability under the agency theory. The Redline doctrine, adopted in Pennsylvania and several agency-theory states, expressly bars felony-murder liability for the death of a co-felon at the hands of a non-felon, even where some other officer-killing might be brought within proximate-cause theories. The minority proximate-cause theory extends felony murder to any death proximately caused by the felony, including deaths of co-felons killed by police, but it is not the MBE default. ## Issue May Jonas be convicted of felony murder for the death of his co-felon Theo, where Theo was killed by a police officer during the response to the underlying armed robbery? ## Rule Felony murder makes a defendant guilty of murder when a death occurs during the commission of a qualifying felony. Two limiting doctrines restrict the rule when the killer is not a co-felon. The agency theory — the majority and MBE-default view — holds that felony murder applies only when the killing is committed by the defendant or a co-felon acting in furtherance of the felony. Killings by police officers, victims, or bystanders do not trigger felony-murder liability under the agency theory. The Redline doctrine, adopted in Pennsylvania and several agency-theory states, expressly bars felony-murder liability for the death of a co-felon at the hands of a non-felon, even where some other officer-killing might be brought within proximate-cause theories. The minority proximate-cause theory extends felony murder to any death proximately caused by the felony, including deaths of co-felons killed by police, but it is not the MBE default. ## Application Officer Reyes is not a co-felon, and her shooting was not committed in furtherance of the robbery — she was acting to stop it. Under the agency theory, her act cannot be attributed to Jonas for felony-murder purposes. Under the Redline doctrine, the death of a co-felon at the hands of a non-felon is specifically outside the felony-murder rule even if other officer-killings might be brought within proximate-cause theories. Both limiting doctrines bar Jonas's felony-murder conviction. Under a minority proximate-cause jurisdiction, the analysis would be different — Theo's death was a foreseeable consequence of the armed robbery and Jonas could be liable. But on the MBE the agency theory and Redline are the dominant rules and are the expected answer for co-felon deaths at the hands of police. Jonas remains liable for the underlying robbery, conspiracy, and any attempt charges; his exposure is simply not felony murder. ## Conclusion Under the majority agency theory and the Redline doctrine, Jonas is not guilty of felony murder for Theo's death. He remains liable for the underlying armed robbery and conspiracy. ## Numbered reasoning steps 1. Confirm the underlying felony qualifies (BARRK list — burglary, arson, robbery, rape, kidnapping — or statutory designation). 2. Identify the killer — co-felon, victim, police officer, or bystander. 3. Apply the agency theory: only killings by the defendant or a co-felon acting in furtherance of the felony trigger liability. 4. Apply the Redline doctrine: a co-felon's death at the hands of a non-felon is outside the felony-murder rule. 5. Note the minority proximate-cause approach for completeness, but answer with the agency rule unless the question signals otherwise. ## Why wrong answers fail - Jonas is liable because the robbery proximately caused Theo's death.: That is the minority proximate-cause rule. The MBE majority rule is the agency theory, and Redline expressly bars liability for co-felon deaths at the hands of non-felons. - Jonas cannot be liable because he was not present in the pharmacy.: Physical presence is not required for co-felon liability. A getaway driver acts in furtherance of the felony. The defense here is the identity of the killer, not Jonas's location. - Jonas is liable because pointing the prop pistol made Theo a deadly threat.: That makes Officer Reyes's response justified, but it does not convert her shooting into a co-felon act. The agency theory still bars felony-murder liability against Jonas. - The unloaded prop pistol means there was no qualifying felony.: Armed robbery is satisfied by the use of what reasonably appears to be a deadly weapon — the empty prop counts. The threshold felony exists; the issue is who killed. ## Issue-spotting checklist - Confirm the underlying felony is one that qualifies (BARRK list or statutory designation). - Pin down WHO did the killing — co-felon, victim, officer, or bystander. - Apply the agency theory by default — only co-felon killings in furtherance count. - Look for the Redline pattern: co-felon shot by police is the textbook trap. - Distinguish the minority proximate-cause rule but default to agency on the MBE. ## Primary law and source anchors - **People v. Washington, 62 Cal. 2d 777 (1965)**: Adopts the agency theory and rejects felony-murder liability for police killings. - **Commonwealth v. Redline, 391 Pa. 486 (1958)**: A co-felon killed by police is not felony murder, even in jurisdictions that otherwise allow proximate-cause theories. - **LaFave, Substantive Criminal Law § 14.5**: Survey of the agency vs proximate-cause approaches to felony murder when the killer is not a co-felon. - **Model Penal Code § 210.2**: The MPC rejects independent felony murder and treats commission of certain felonies only as evidence of recklessness manifesting extreme indifference. ## 3-question quiz teaser 1. Under the agency theory of felony murder, who must commit the killing for liability to attach? - Any person involved in the felony, including police - The defendant or a co-felon acting in furtherance of the felony - Only the defendant personally - Anyone whose actions were proximately caused by the felony 2. Commonwealth v. Redline expressly bars felony-murder liability when: - The killing is purely accidental - The killer is a police officer and the victim is the defendant's co-felon - The underlying felony is theft - The defendant is unarmed at the time 3. Which jurisdictional rule WOULD impose felony-murder liability on a getaway driver when an officer shoots his accomplice? - Agency theory - Redline doctrine - Proximate-cause theory - Pinkerton conspiracy liability ## Related pages - [MBE Criminal Law Mens Rea Trap: Burglary vs Larceny](https://www.barprepplay.com/mbe/criminal-law/burglary-larceny-mens-rea-trap/) - [MBE Evidence Prior Bad Acts: MIMIC Non-Propensity Trap](https://www.barprepplay.com/mbe/evidence/character-evidence-mimic-prior-bad-acts/) ## Gated app actions - [Take the 3-question quiz](https://www.barprepplay.com/?seo_slug=felony-murder-co-felon-killed-by-officer&seo_action=quiz) - [Open a related Criminal Law drill](https://www.barprepplay.com/?seo_slug=felony-murder-co-felon-killed-by-officer&seo_action=drill) - [Found an issue?](https://www.barprepplay.com/?seo_slug=felony-murder-co-felon-killed-by-officer&seo_action=report)