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Thanks.
At least in my state, felony murder is/can be first degree. A lot of the reasoning behind the rule has to do with foreseeability. If you burn a building down, you it is foreseeable that an occupant or firefighter may killed, even if you thought the building was empty and no one would fight the fire. So the intent comes in when you intend to commit the violent felony (arson, robbery, rape, kidnapping) where someone COULD get killed.
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