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Chapter 1. Homicide - California Penal Code Section 192

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192.  Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
   (a) Voluntary--upon a sudden quarrel or heat of passion.
   (b) Involuntary--in the commission of an unlawful act, not
amounting to a felony; or in the commission of a lawful act which
might produce death, in an unlawful manner, or without due caution
and circumspection. This subdivision shall not apply to acts
committed in the driving of a vehicle.
   (c) Vehicular--
   (1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to a felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.
   (2) Driving a vehicle in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or driving a
vehicle in the commission of a lawful act which might produce death,
in an unlawful manner, but without gross negligence.
   (3) Driving a vehicle in connection with a violation of paragraph
(3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and
proximately resulted in the death of any person. This paragraph does
not prevent prosecution of a defendant for the crime of murder.
   (d) This section shall not be construed as making any homicide in
the driving of a vehicle punishable that is not a proximate result of
the commission of an unlawful act, not amounting to a felony, or of
the commission of a lawful act which might produce death, in an
unlawful manner.
   (e) "Gross negligence," as used in this section, does not prohibit
or preclude a charge of murder under Section 188 upon facts
exhibiting wantonness and a conscious disregard for life to support a
finding of implied malice, or upon facts showing malice, consistent
with the holding of the California Supreme Court in People v. Watson
(1981) 30 Cal.3d 290.
   (f) (1) For purposes of determining sudden quarrel or heat of
passion pursuant to subdivision (a), the provocation was not
objectively reasonable if it resulted from the discovery of,
knowledge about, or potential disclosure of the victim's actual or
perceived gender, gender identity, gender expression, or sexual
orientation, including under circumstances in which the victim made
an unwanted nonforcible romantic or sexual advance towards the
defendant, or if the defendant and victim dated or had a romantic or
sexual relationship. Nothing in this section shall preclude the jury
from considering all relevant facts to determine whether the
defendant was in fact provoked for purposes of establishing
subjective provocation.
   (2) For purposes of this subdivision, "gender" includes a person's
gender identity and gender-related appearance and behavior
regardless of whether that appearance or behavior is associated with
the person's gender as determined at birth.

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Last modified: February 16, 2015