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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 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 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 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 provision shall
not be construed to prevent prosecution of a defendant for the crime
of murder.
   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 felony, or of the
commission of a lawful act which might produce death, in an unlawful
manner.
   "Gross negligence," as used in this section, shall not be
construed as prohibiting or precluding 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, 30 Cal. 3d 290.

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Last modified: March 17, 2014