California · Penal Code

PEN §188: (a) For purposes of Section 187, malice may be express or implied.

Felony

What this law says, in plain English

This statute defines what 'malice' means for murder prosecutions under Section 187, distinguishing between express malice (deliberate intent to kill) and implied malice (abandoned and malignant heart).

Read the full statutory text

(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.

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