Which of the following is NOT part of the BRAKES list of felon murder offenses?

Which of the following is NOT part of the BRAKES list of felon murder offenses?

• A. Burglary
• B. Robbery
• C. Arson
• D. Carjacking

Answer: (D)

The question tests understanding of the BRAKES approach to felony murder. BRAKES is the mnemonic for the felonies that, when used to commit or attempt another crime, can trigger felony-murder liability: Burglary, Robbery, Arson, Kidnapping, Escape, and Sexual assault. Among the options, Burglary, Robbery, and Arson are all part of that list, reflecting that committing a murder during any of those felonies can support a felony-murder charge. Carjacking, while a violent crime involving taking a vehicle, is not listed in the BRAKES mnemonic. In practice, carjacking is typically treated as a form of robbery or is addressed under a separate statute in jurisdictions that recognize it specifically. Since BRAKES enumerates only those six categories, carjacking is not part of the BRAKES list.

The question tests understanding of the BRAKES approach to felony murder. BRAKES is the mnemonic for the felonies that, when used to commit or attempt another crime, can trigger felony-murder liability: Burglary, Robbery, Arson, Kidnapping, Escape, and Sexual assault. Among the options, Burglary, Robbery, and Arson are all part of that list, reflecting that committing a murder during any of those felonies can support a felony-murder charge.

Carjacking, while a violent crime involving taking a vehicle, is not listed in the BRAKES mnemonic. In practice, carjacking is typically treated as a form of robbery or is addressed under a separate statute in jurisdictions that recognize it specifically. Since BRAKES enumerates only those six categories, carjacking is not part of the BRAKES list.