California Penal Code - California

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in subdivision (a) shall not be subject to driver’s license suspension or revocation or attendance at a licensed alcohol or drug education and counseling program for persons who drive under the influence.

      (Amended by Stats. 2007, Ch. 747, Sec. 7. Effective January 1, 2008.)

      194.

      To make the killing either murder or manslaughter, it is not requisite that the party die within three years and a day after the stroke received or the cause of death administered. If death occurs beyond the time of three years and a day, there shall be a rebuttable presumption that the killing was not criminal. The prosecution shall bear the burden of overcoming this presumption. In the computation of time, the whole of the day on which the act was done shall be reckoned the first.

      (Amended by Stats. 1996, Ch. 580, Sec. 1. Effective January 1, 1997.)

      195.

      Homicide is excusable in the following cases:

      1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

      2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

      (Amended by Stats. 1984, Ch. 438, Sec. 1.)

      196.

      Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either—

      1. In obedience to any judgment of a competent Court; or,

      2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or,

      3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.

      (Enacted 1872.)

      197.

      Homicide is also justifiable when committed by any person in any of the following cases:

      1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,

      2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,

      3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,

      4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

      (Amended by Stats. 1963, Ch. 372.)

      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. 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.

      (Amended by Stats. 1987, Ch. 828, Sec. 8.)

      198.5.

      Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

      As used in this section, great bodily injury means a significant or substantial physical injury.

      (Added by Stats. 1984, Ch. 1666, Sec. 1.)

      199.

      The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

      (Enacted 1872.)

      CHAPTER 2. Mayhem [203 — 206.1]

      (Chapter 2 enacted 1872.)

      203.

      Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

      (Amended by Stats. 1989, Ch. 1360, Sec. 106.)

      204.

      Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.

      (Amended by Stats. 1986, Ch. 1424, Sec. 1.)

      205.

      A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.

      (Added by Stats. 1987, Ch. 785, Sec. 1.)

      206.

      Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.

      The crime of torture does not require any proof that the victim suffered pain.

      (Added June 5, 1990, by initiative Proposition 115, Sec. 13.)

      206.1.

      Torture is punishable by imprisonment in the state prison for a term of life.

      (Added June 5, 1990, by initiative Proposition 115, Sec. 14.)

      CHAPTER 3. Kidnapping [207 — 210]

      (Chapter 3 enacted 1872.)

      207.

      (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.

      (b) Every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping.

      (c)

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