California · Penal Code

PEN §198: A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it.

Civil

What this law says, in plain English

This statute defines the legal standard for when fear of certain crimes may justify homicide in self-defense or defense of others. Fear must be objectively reasonable and the person must have acted solely under that fear.

Read the full statutory text

A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.

Verify at the official source: California legislative text

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