Statute · California Penal Code

Cal. Penal Code § 198 — Homicide

Cal. Penal Code § 198

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

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…

Citator

Cal. Penal Code § 198 — Homicide is in force in the current edition of the Code, and nothing recorded condemns it.

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.