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

Unlawful Murder Homicide refers to the killing of another person, whether legal or illegal. Therefore, a 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.

Treachery The state of mind that constitutes treachery 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 involves a high degree of probability of causing death, he is acting with treachery.

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

Murder results from an intentional act. The natural consequences of the act are dangerous for human life. The act is done 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 using a destructive or explosive device, a weapon of mass destruction, ammunition designed primarily to penetrate metal or armor, poison, or by stalking or inflicting torture as defined by Penal Code 206 PC, the California Torture Law. Killing deliberately, intentionally and premeditated. Under the Criminal Murder rule (this occurs when a specifically listed crime is committed which automatically converts any logically related death to First Degree Murder).

Capital Murder Under California law, Capital Murder, also known as “First Degree Murder with Special Circumstances,” is punishable by the death penalty in California or life in state prison without the possibility of parole. Capital Murder is applied in 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. Murder a police officer, firefighter, prosecutor, judge, jury or elected official. Murder a witness to prevent him from testifying. Murdering someone during the commission of a specifically listed crime that automatically converts any logically related death to 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 according to Penal Code 186.22 PC.

• Second Degree Murder under California Law Under California Penal Code 187, second degree murder is intentional, but is not deliberate or premeditated. Second degree murder is any murder that does not meet the definition of first degree murder.
• The Criminal Murder Rule California's 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 it was intentional, accidental, or due to negligence.
• It is important to note that on September 30, 2018, Governor Jerry Brown signed into law a major revision to the Criminal Murder rule. Under the new SB 1437, a person can only face criminal murder liability if:
• It was the murderer in question. He intended to aid, induce, solicit, solicit or assist the murderer in question. He was a primary 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. People convicted under the previous felonious murder rule can request a rehearing under SB 1437.