Cal. Penal Code § 190

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(a)Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5.

Except as provided in subdivision (b), (c), or (d), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life.

(b)Except as provided in subdivision (c), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties.

(c)Every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of life without the possibility of parole if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, and any of the following facts has been charged and found true:

(1)The defendant specifically intended to kill the peace officer.

(2)The defendant specifically intended to inflict great bodily injury, as defined in Section 12022.7, on a peace officer.

(3)The defendant personally used a dangerous or deadly weapon in the commission of the offense, in violation of subdivision (b) of Section 12022.

(4)The defendant personally used a firearm in the commission of the offense, in violation of Section 12022.5.

(d)Every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 20 years to life if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury.

(e)Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce any minimum term of a sentence imposed pursuant to this section. A person sentenced pursuant to this section shall not be released on parole prior to serving the minimum term of confinement prescribed by this section.

Notes of Decisions

Cited in 230 cases (15 in the last 5 years), 1881–2026 · leading case: In Re Rosenkrantz

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In Re Rosenkrantz (2002) cal · cites it 4× “Otherwise, the Board's case-by-case rulings would destroy the proportionality contemplated by Penal ] Code section 3041, subdivision (a), and also by the murder statutes, which provide distinct terms of life without possibility of parole, 25 years to life, and 15 years to life…”

Cunningham v. California (2007) scotus · cites it 2× “, Penal Code § 190 (West Supp.2006). [4] The Judicial Council includes the chief justice and another justice of the California Supreme Court, three judges sitting on the Courts of Appeal, ten judges from the Superior Courts, and other nonvoting members.”

People v. Gutierrez (2014) cal · cites it 2× “sonable for a policymaker to believe that special circumstance murder should expose a juvenile offender to life without parole — thereby differentiating such an offender from a juvenile who commits first degree murder with no special circumstance — while also believing that…”

In Re Anderson (1968) cal · cites it 8× “California Penal Code sections 190 and 190.”

In Re Jeanice D. (1980) cal · cites it 6× “5, the alteration of this sentence in November 1978 carried with it an alteration in a minor offender's CYA eligibility. Although there may be no affirmative indication that the drafters of the provision specifically had this consequence in mind, by the same token there is…”

In Re Scott (2004) calctapp · cites it 4× “(Pen.Code, § 190.) Exercising its discretion not to strike additional punishment for personal use of a firearm (Pen.”

Pulley v. Harris (1984) scotus · cites it 2× “Cal. Penal Code Ann. §§ 190, 190.2 (West Supp.”

California Department of Corrections v. Morales (1995) scotus · cites it 2× “" Cal. Penal Code Ann. § 190 (West 1982). The amendment also left unchanged the substantive formula for securing any reductions to this sentencing range.”

Knowles v. Mirzayance (2009) scotus “Cal. Penal Code Ann. § 190(a) (West 1999).”

People v. Dillon (1983) cal · cites it 2× “A (27a) Despite this broad factual spectrum, the Legislature has provided only one punishment scheme for all homicides occurring during the commission of or attempt to commit an offense listed in section 189: regardless of the defendant's individual culpability with respect to…”

In Re Dannenberg (2005) cal · cites it 2× “) `The Board's authority to make an exception [to the requirement of setting a parole date] based on the gravity of a life term inmate's current or past offenses should not operate so as to swallow the rule that parole is `normally' to be granted. Otherwise, the Board's…”

People v. Love (1961) cal · cites it 6× “(Pen. Code, § 190.) The wisdom or deterrent effect of those penalties are for the Legislature *726 to determine and are therefore not justiciable issues.”

Show all 230 citing cases →

— Cal. Penal Code § 190(a) — 6 cases

Knowles v. Mirzayance (2009) scotus “Cal. Penal Code Ann. § 190(a) (West 1999).”

Ronald Taylor v. Matthew Cate, Secretary Cdcr (2016) ca9

Marsh v. San Diego County (2006) casd

Ronald Taylor v. Matthew Cate, Secretary Cdcr (2014) ca9

Singh v. Curry (2010) caed

— Cal. Penal Code § 190(d) — 1 case

Jose Arreguin,petitioner-Appellee v. K.W. Prunty, Warden Attorney General of the State of California, Opinion (2000) ca9

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