Pen. Code, § 189 · Chapter 1. Homicide
Pen. Code, § 189
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) All murder that 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 that is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287, 288, or 289, or former Section 288a, or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.
(b) All other kinds of murders are of the second degree.
(c) As used in this section, the following definitions apply:
(1) “Destructive device” has the same meaning as in Section 16460.
(2) “Explosive” has the same meaning as in Section 12000 of the Health and Safety Code.
(3) “Weapon of mass destruction” means any item defined in Section 11417.
(d) To prove the killing was “deliberate and premeditated,” it is not necessary to prove the defendant maturely and meaningfully reflected upon the gravity of the defendant’s act.
(e) A participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven:
(1) The person was the actual killer.
(2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree.
(3) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as described in subdivision (d) of Section 190.2.
(f) Subdivision (e) does not apply to a defendant when the victim is a peace officer who was killed while in the course of the peace officer’s duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of the peace officer’s duties.
Notes and commentary — not statutory text
History
Amended by Stats. 2019, Ch. 497, Sec. 192. (AB 991) Effective January 1, 2020. Note: This section was amended on June 5, 1990, by initiative Prop. 115.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=189.
- Text hash
- sha256 53cd12476945cbd7717345110582367a6030de594c1a4d135ff9e4efdf926d18
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Penal Code
- Pen. Code, § 190.2Printed as Section 190.2
- Pen. Code, § 206Printed as Section 206, 286, 287, 288, or 289
- Pen. Code, § 286Printed as Section 206, 286, 287, 288, or 289
- Pen. Code, § 287Printed as Section 206, 286, 287, 288, or 289
- Pen. Code, § 288Printed as Section 206, 286, 287, 288, or 289
- Pen. Code, § 289Printed as Section 206, 286, 287, 288, or 289
- Pen. Code, § 11417Printed as Section 11417
- Pen. Code, § 16460Printed as Section 16460
Cited by 13 provisions
Provisions in this library whose text cites Pen. Code, § 189. Each shows the citation as that text prints it.
Family Code
Health and Safety Code
Penal Code
- Pen. Code, § 188Printed as Section 189
- Pen. Code, § 273abPrinted as Section 189
- Pen. Code, § 664Printed as Section 189
- Pen. Code, § 859.5Printed as Section 187 or 189 of this code
- Pen. Code, § 1172.6Printed as Section 188 or 189 | Sections 188 and 189
- Pen. Code, § 2933.5Printed as Sections 187 and 189
- Pen. Code, § 3057Printed as Section 189
- Pen. Code, § 13370Printed as Section 189
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.