California Laws: Penal Code Sections 187-199
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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,...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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,...
- California Laws: Penal Code 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,...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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....
- California Laws: Penal Code 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...
- California Laws: Penal Code 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 in...
- California Laws: Penal Code 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...
- California Laws: Penal Code Section 193.7
Any person convicted of a violation of paragraph (3) of subdivision (c) of Section 192 which occurred within seven years of two or more separate...
- California Laws: Penal Code Section 193.8
(a) It is unlawful for any adult who is the registered owner of a motor vehicle or in possession of a motor vehicle to relinquish...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code 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...
- California Laws: Penal Code Section 199
The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged. ...
