Child abuse is one area where proof of culpable mental state for murder during the commission of a felony is especially difficult. The obligation of the state toward child abuse victims is that of parens patriae, and the fulfillment of this obligation should not be left to lower courts acting without direct legislative guidance. California Penal Code Section 189 deals with first degree felony-murder, while Section 273a(1) deals with second degree felony-murder. In People v. Shockley, California's Fourth District Court of Appeal affirmed the defendant's second degree murder conviction based on Section 273a(1) as the underlying felony. In People v. Cafferro, California's Fifth District Court held that felony child abuse was not a predicate felony for the second degree felony-murder rule. Due to apparent inconsistency in applying the rule, the California legislature needs to codify the rule to clearly cover child abuse. 92 footnotes