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California Penal Code

§ 188

PEN § 188 Effective Jan 1, 2019Title 8 · Part 1 · Ch. 1

Statute text

View on leginfo.ca.gov
(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.
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Legislative history

Amended by Stats. 2018, Ch. 1015, Sec. 2. (SB 1437) Effective January 1, 2019.

Source: California Penal Code § 188 from the California Legislative Information (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.