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How does California law define “murder”? Under California Penal Code 187(a) PC, murder is defined as the unlawful killing of a human being or fetus with malice aforethought. While this definition may be straightforward, there are some terms that require further explanation.

Unlawful Homicide Homicide refers to the killing of another person, whether legal or unlawful. Therefore, murder includes manslaughter, murder, and justifiable homicide. Murder is the most serious form of homicide and is always unlawful. What distinguishes murder from manslaughter in California law is the fact that it must always involve malice.

The mental state that constitutes alevosía does not presume or require any hatred or ill will toward the particular victim. When a defendant, with flagrant disregard for human life, performs an act that carries a high degree of probability of causing death, he or she is acting with alevosía.

Both first-degree and second-degree murder require malice. Under California Penal Code 187(a), malice can be explicit or implicit. Explicit malice means you intend to kill the victim. Implied malice is when:

Murder results from an intentional act. The natural consequences of the act are dangerous to human life. The act is carried out deliberately with awareness of the danger involved and with conscious disregard for human life.

First Degree Murder Under California Law Under California law, there are three ways to be convicted of first degree murder:

Committing murder by using a destructive or explosive device, a weapon of mass destruction, ammunition primarily designed to penetrate metal or armor, poison, or by lying in wait or inflicting torture as defined by Penal Code 206 PC, the California Torture Law. Killing in a deliberate, intentional, and premeditated manner. Under the Felony Murder rule (this occurs when a specifically enumerated crime is committed, which automatically makes any logically related death First Degree Murder).

Capital Murder Under California law, capital murder, also known as “First Degree Murder with Special Circumstances,” is punishable by death in California or by life imprisonment in state prison without the possibility of parole. Capital murder applies to 20 different situations involving murder. These special circumstances are listed in California Penal Code 190.2 PC and include, but are not limited to:

Murder for financial gain. Murdering more than one victim. Murdering a police officer, firefighter, prosecutor, judge, juror, or elected official. Murdering a witness to prevent them from testifying. Murdering someone during the commission of a specifically enumerated crime, which automatically makes any logically related death First Degree Murder. Murdering someone because of their race, color, religion, nationality, or country of origin. Murdering someone by shooting them with a firearm from a vehicle. Murdering someone for the benefit of a criminal gang under Penal Code 186.22 PC.

• Second-Degree Murder Under California Law Under California Penal Code 187, second-degree murder is intentional, but not deliberate or premeditated. Second-degree murder is any murder that does not meet the definition of first-degree murder.
• The California Criminal Murder Rule applies to both first-degree murder and second-degree murder. This creates murder liability for individuals who kill another person during the commission of a dangerous crime. Accomplices cannot be charged with criminal murder.
• Under California murder law, you are not required to have killed the victim while committing a particular crime. Any death logically related to a crime is sufficient, whether intentional, accidental, or negligent.
• It's important to note that on September 30, 2018, Governor Jerry Brown signed into law a major revision to the Criminal Homicide Rule. Under the new SB 1437, a person can only face criminal homicide liability if:
• He was the murderer in question. He intended to aid, induce, solicit, request, or assist the murderer in question. He was a principal participant in the crime in question and acted with reckless indifference to human life.

If the victim was a police officer in the line of duty and the defendant knew or should have known, the previous version of the Criminal Murder rule still applies. Those convicted under the previous Criminal Murder rule can request a rehearing under SB 1437.