The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code.[1]
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[2]
The Code defines murder as "the unlawful killing of a human being, or a fetus, with malice aforethought", with the exception of abortions consented to by the mother of the fetus, where an abortion is necessary to preserve the mother's life, or when the abortion complied with the Therapeutic Abortion Act. While malice may be expressed in the form of a 'deliberate intention to take away the life of a fellow creature', it may be implied when there is no 'considerable provocation' for the killing, or when the circumstances around the killing 'show an abandoned and malignant heart'.
In California, the common law "year and a day" rule has been changed to a "three years and a day" rule.[3] If a death occurs more than three years and one day after the act alleged to have caused it (and the act was committed on or after 1 January 1997), there is "a rebuttable presumption that the killing was not criminal", but the prosecution may seek to overcome this presumption.[4] However, if the murder is committed by somebody who is serving a term of life imprisonment and is sentenced to state prison the year and a day rule applies instead.[5]
There are multiple degrees of murder in California.
See main article: Capital punishment in California. Also known as first degree murder with special circumstances, capital murder is distinguishable from first-degree murder in that the death penalty may be imposed upon conviction. The circumstances which allow for the death penalty (If the defendant was under 18, the only penalties are life without parole or 25 years to life. Youth offender parole laws require a parole hearing after 25 years regardless of sentence imposed however.) to be imposed for murder are contained in
In addition, aiding, abetting, counseling, commanding, inducing, soliciting, requesting, or assisting in the commission of a crime enumerated in subdivision (17), with reckless indifference to human life and as a major participant, is murder even if even if the defendant is not the actual killer.
Although technically not charged under section 187, the following crimes involving the death of a person may also lead to a death sentence.
If a person is convicted of capital murder in California, that person may face a sentence of life in prison without the possibility of parole, or the death penalty.
A person convicted of first-degree murder will face a sentence of 25 years-to-life in prison, and thus must serve at least 25 years before being eligible for parole.[6] If the murder was committed because of the victim's race, religion, or gender, the convicted will be sentenced to life in prison without the possibility of parole.[7]
A person convicted of second-degree murder in California will face a sentence of 15 years-to-life in prison, and thus must serve at least 15 years in prison before being eligible for parole.[8]
Punishments are increased if the murder victim was a peace officer,[9] or was killed during a drive-by shooting.[10]
If a gun was used during the murder, the punishment will include an additional 10, 20, or 25 years to life prison sentence. Those convicted will also receive a strike on their criminal record, and fines of up to $10,000. They will also have to pay restitution to victims, and will no longer be allowed to own a gun.[11]
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country.[2]
A summary of the penalties for California's homicide offenses is listed below.
| Offense | Mandatory sentencing[12] | |
|---|---|---|
| Misdemeanor vehicular manslaughter | Up to 1 year in jail | |
| Involuntary manslaughter | 2 to 4 years in prison | |
| Felony vehicular manslaughter | 2 to 10 years in prison | |
| Voluntary manslaughter | 3 to 11 years in prison | |
| Second-degree murder | 15 years to life-without-parole | |
| First-degree murder | 25 years to life-without-parole | |
| First-degree murder with special circumstances | Death (de jure) or life imprisonment without the possibility of parole |
Under the California Uniform Bail Schedule, the standard bail for murder is $750,000.[13] The standard bail for first-degree murder with special circumstances (that is, circumstances under which the district attorney is seeking the death penalty) is "NO BAIL" (which means that bail is denied outright).