Murder, Penal Code 187
If you have been charged with Murder, contact Los Angeles Criminal Defense
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Penal code § 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 act resulting
in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing
with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health
and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon's
certificate, as defined in the Business and Professions Code, in a case
where, to a medical certainty, the result of childbirth would be death
of the mother of the fetus or where her death from childbirth, although
not medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the mother
of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the prosecution
of any person under any other provision of law.
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 fellow creature. It is implied, when no considerable
provocation appears, or when the circumstances attending the killing show
an abandoned and malignant heart. When it is shown that the killing resulted
from the intentional doing of an act with express or implied malice as
defined above, no other mental state need be shown to establish the mental
state of malice aforethought. Neither an awareness of the obligation to
act within the general body of laws regulating society nor acting despite
such awareness is included within the definition of malice.
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 penetrate metal or armor, poison,
lying in wait, torture, or by any other kind of willful, deliberate, and
premeditated killing, or which is committed in the perpetration of, or
attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem,
kidnapping, train wrecking, or any act punishable under Section 206, 286,
288, 288a, or 289, or any murder which is perpetrated by means of discharging
a firearm from a motor vehicle,
intentionally at another person outside of the vehicle with the intent
to inflict death, is murder of the first degree. All other kinds of murders
are of the second degree.
As used in this section, "destructive device" means any destructive
device as defined in Section 12301, and "explosive" means any
explosive as defined in Section 12000 of the Health and Safety
Code. As used in this section, "weapon of mass destruction"
means any item defined in Section 11417. To prove the killing was "deliberate
and premeditated," it shall not be necessary to prove the defendant
maturely and meaningfully reflected upon the gravity of his or her act.