Defense to felony murder requires the defendant not be the actual cause of death, not have a deadly weapon, and have no reason to believe co-felons had deadly weapons. Which statement is NOT an element?

• A. D was not the actual cause of death
• B. D didn't have a deadly weapon
• C. D had no reason to believe co-felons had deadly weapons
• D. D had no reason to believe co-felons intended to cause death

Answer: (D)

The essential idea here is what must be proven for a defense to felony murder. To avoid felony-murder liability, the defendant can argue three things: first, they were not the person who actually caused the death; second, they did not possess a deadly weapon during the felony; and third, they had no reason to believe that their co-felons had deadly weapons. Those elements limit liability because felony murder punishments extend to all participants in a qualifying felony when a death occurs, even if the individual didn’t intend or directly cause the killing.

The statement about having no reason to believe co-felons intended to cause death isn't part of those core requirements. Intent to kill isn’t what the defense hinges on in felony murder; the liability can attach regardless of whether anyone intended to kill. The crucial factors concern actual causation of death, weapon status, and knowledge about others’ weapons. So the idea that the defendant must show no belief that co-felons intended to kill doesn’t fit as an element of the defense, making it the item that doesn’t belong.