PC 187 A is a section of the California Penal Code that defines the crime of murder. Specifically, it states that “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” This section of the penal code outlines the definition and penalties for the crime of murder in California.
Definition of PC 187 A
PC 187 A reads as follows:
(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
This establishes that murder involves the following elements:
- Killing another human being or fetus
- The killing was unlawful
- It was done with malice aforethought (intent to kill)
All three components must be present for a homicide to qualify as murder under this statute. Manslaughter, which is also an unlawful killing but without malice, would not meet the criteria.
Degrees of Murder in California
While PC 187 A defines murder in general terms, California law further divides murder into two degrees:
- First degree murder – Willful, deliberate, and premeditated killing.
- Second degree murder – All other types of murder that do not meet the criteria for first degree.
These degrees are formalized in PC 189, which states:
All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, [specific felonies] is murder of the first degree. All other kinds of murders are of the second degree.
The degree of murder determines the severity of the penalties upon conviction, with first degree receiving more severe sentences.
Penalties for Murder Under PC 187 A
PC 190 outlines the punishments for first and second degree murder in California:
- First degree murder – 25 years to life in state prison
- Second degree murder – 15 years to life in state prison
In addition, if certain special circumstance allegations are found to be true (such as murder for financial gain or murder by lying in wait), a first degree murder conviction may warrant life in prison without the possibility of parole or even the death penalty.
Notable Features of California’s Murder Law
Some important aspects of PC 187 A and related statutes include:
- The “one strike” policy, which allows enhanced sentencing for prior serious offenses
- The felony murder rule, making co-participants in a felony crime liable for a murder that occurs
- Aiding and abetting laws that make accessories to a murder equally guilty
California also recognizes manslaughter as a lesser included offense of murder if the killing was without malice. Voluntary manslaughter involves intentional killing in the heat of passion, while involuntary manslaughter covers accidentally causing a death through negligence or during a non-felonious crime.
Famous Murder Cases Charged Under PC 187 A
Some high-profile murder cases in California that involved charges under this statute include:
- Scott Peterson (convicted of murdering his pregnant wife in 2004)
- O.J. Simpson (famously acquitted of killing his ex-wife and her friend in 1995)
- Richard Ramirez, the “Night Stalker” serial killer who terrorized LA in the 1980s
- Lyle and Erik Menendez, brothers who murdered their wealthy parents in 1989
- Robert Durst, real estate heir convicted in 2021 of killing his friend Susan Berman
Conclusion
In summary, PC 187 A establishes the legal definition of murder in the California criminal code. It states that murder involves an unlawful, malicious killing of a human being or fetus. Penalties vary based on the degree of the murder, with first degree receiving harsher sentences up to life without parole or death. California’s laws also account for related aspects like accomplices, special circumstances, and lesser forms of homicide. Understanding PC 187 A provides insight into how California formally classifies and punishes the most severe violent crime.