does the person have to actually be charged with the felony to be guilty of felony murder?

While I wouldn't accept an answer on the internet in lieu of an actual consultation with a criminal lawyer, the simple answer would be that it is necessary to be charged with some felony before a person can be charged with felony murder.  The following is a list of some of the charges that would have to accompany a felony murder charge. Code Sections N.J.S. 2C:11-3 A.K.A. Murder in the first degree. What is Prohibited? A planned or intentional killing of another person, or serious bodily injury resulting in death or a killing while committing certain felonies (felony murder). Felony Murder If the homicide (killing of a human) took place in conjunction with a felony crime, such as robbery, burglary, a sex crime, sodomy, arson, carjacking, etc., you can be charged with felony murder. Penalty 30 years to life imprisonment or life imprisonment without possibility of parole in some circumstances such as killing a police officer while on duty, or the killing of someone under the age of 14-years-old. Civil Case Possible Wrongful Death lawsuit.