Statute · California Penal Code

Cal. Penal Code § 190.03 — Homicide

Cal. Penal Code § 190.03

Type
Statute
Source
California Penal Code
Jurisdiction
California
Date
2005-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.

Citator

Cal. Penal Code § 190.03 — Homicide is in force in the current edition of the Code, and nothing recorded condemns it.

(a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.

(b) The term authorized by subdivision (a) shall not apply unless the allegation is charged in the accusatory pleading and admitted by the defendant or found true by the trier of fact. The court shall not strike the allegation, except in the interest of justice, in which case the court shall state its reasons in writing for striking the allegation.

(c) For the purpose of this section, “hate crime” has the same meaning as in Section 422.55.

(d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment.