There Is a Newer Version
of
this Section
2021 California Code
Penal Code - PEN
PART 1 - OF CRIMES AND PUNISHMENTS
TITLE 8 - OF CRIMES AGAINST THE PERSON
CHAPTER 1 - Homicide
Section 189.5.
Universal Citation:
CA Penal Code § 189.5 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
189.5.
(a) Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4.
(Added by Stats. 1989, Ch. 897, Sec. 16.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.