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CALIFORNIA CODES
•••
CALIFORNIA PENAL CODEPart 1 - OF CRIMES AND PUNISHMENTSTitle 8 - OF CRIMES
AGAINST THE PERSON
Chapter 1 - HOMICIDE
Section 188 - Malice


CAL. PEN. CODE § 188

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Current through the 2023 Legislative Session.
Section 188 - Malice
(a) For purposes of Section 187 , malice may be express or implied.
(1) Malice is express when there is manifested a deliberate intention to
unlawfully take away the life of a fellow creature.
(2) Malice is implied when no considerable provocation appears, or when the
circumstances attending the killing show an abandoned and malignant heart.
(3) Except as stated in subdivision (e) of Section 189 , in order to be
convicted of murder, a principal in a crime shall act with malice aforethought.
Malice shall not be imputed to a person based solely on his or her participation
in a crime.
(b) If it is shown that the killing resulted from an intentional act with
express or implied malice, as defined in subdivision (a), 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 that awareness is included within the definition of
malice.

Ca. Pen. Code § 188

Amended by Stats 2018 ch 1015 (SB 1437),s 2, eff. 1/1/2019.

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 * Section 187 - Murder
 * Section 189 - Murder of the first degree

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