Kansas's Unworkable Approach to Third-Party Felony Murder.

The article critically examines Kansas's unique approach to third-party felony murder, where felony murder liability attaches only if a third party's killing act is unlawful, but not if it is lawful (e.g., self-defense by a victim or law enforcement). This approach diverges from the two predominant theories in other jurisdictions: the agency theory, which limits liability to killings by the defendant or co-felons, and the proximate cause theory, which extends liability to killings proximately caused by the felony regardless of the killer's identity. The article argues that Kansas's distinction is illogical, unsupported by statutory text, inconsistent with legislative intent, and undermines the felony murder rule's deterrent purpose by perversely incentivizing felons to target law-abiding victims rather than felons engaged in other crimes. It concludes that Kansas should overrule its current doctrine and adopt the agency theory, which better aligns criminal liability with moral culpability and maintains appropriate deterrence without imposing disproportionate punishment.