What must be true for a killing to be considered felony murder in Georgia?

For a killing to be classified as felony murder in Georgia, it is necessary that death must be foreseeable during the commission of a felony. This doctrine allows for a charge of murder if a death occurs during the perpetration of a dangerous felony, regardless of intent. The underlying rationale is that individuals engaged in the commission of a felony take on a certain level of risk, and if a death occurs as a foreseeable result of that conduct, they can be held criminally liable for murder.

This concept helps to establish accountability for those who, through their actions in committing serious crimes (such as armed robbery or burglary), create a situation where lethal force might occur. The law recognizes that engaging in such felonies can inherently involve risks that could lead to someone's death, making the outcome foreseeable.

In contrast, the other options do not appropriately convey the elements needed for the application of felony murder in Georgia. A non-violent crime would not fit the criteria of circumstances leading to felony murder, nor does premeditation apply since felony murder does not require an intent to kill; it just necessitates a death occurring during the commission of a qualifying felony. Additionally, the status of the defendant as a first-time offender has no relevance to the establishment of felony murder.