California Penal Code CHAPTER 1 - Homicide

• Section 187.
  (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.(b) This section shall not apply to any person who commits an...
• Section 188.
  Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a...
• Section 189.
  All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to...
• Section 189.1.
  (a) The Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer, as...
• Section 189.5.
  (a) Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify...
• Section 190.
  (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of...
• Section 190.03.
  (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility...
• Section 190.05.
  (a) The penalty for a defendant found guilty of murder in the second degree, who has served a prior prison term for murder in the first...
• Section 190.1.
  A case in which the death penalty may be imposed pursuant to this chapter shall be tried in separate phases as follows:(a) The question of the...
• Section 190.2.
  (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life...
• Section 190.25.
  (a) The penalty for a defendant found guilty of murder in the first degree shall be confinement in state prison for a term of life without...
• Section 190.3.
  If the defendant has been found guilty of murder in the first degree, and a special circumstance has been charged and found to be true,...
• Section 190.4.
  (a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the trier...
• Section 190.41.
  Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of subdivision (a) of...
• Section 190.5.
  (a) Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the...
• Section 190.6.
  (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously.(b) Therefore, in all cases in which a sentence of death has been...
• Section 190.7.
  (a) The “entire record” referred to in Section 190.6 includes, but is not limited to, the following:(1) The normal and additional record prescribed in the rules adopted...
• Section 190.8.
  (a) In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified in two stages, the first for...
• Section 190.9.
  (a) (1) In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including all conferences and proceedings, whether in...
• Section 191.
  The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason,...
• Section 191.5.
  (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving...
• Section 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...
• Section 192.5.
  Vehicular manslaughter pursuant to subdivision (b) of Section 191.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice...
• Section 193.
  (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.(b) Involuntary manslaughter is punishable by imprisonment pursuant to subdivision (h)...
• Section 193.5.
  Manslaughter committed during the operation of a vessel is punishable as follows:(a) A violation of subdivision (a) of Section 192.5 is punishable by imprisonment in the...
• Section 193.7.
  A person convicted of a violation of subdivision (b) of Section 191.5 that occurred within seven years of two or more separate violations of Section...
• Section 193.8.
  (a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle...
• Section 194.
  To make the killing either murder or manslaughter, it is not requisite that the party die within three years and a day after the stroke...
• Section 195.
  Homicide is excusable in the following cases:1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and...
• Section 196.
  Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—1. In obedience to any judgment of...
• Section 197.
  Homicide is also justifiable when committed by any person in any of the following cases:(1) When resisting any attempt to murder any person, or to commit...
• Section 198.
  A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may...
• Section 198.5.
  Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held...
• Section 199.
  The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.(Enacted 1872.)

Last modified: October 22, 2018