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PC 187 Murder 2nd Degree

PC 187 Murder in the 2nd Degree:

(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought

(b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 1234000) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.

(2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.

(3) The act was solicited, aided, abetted, or consented to by the mother of the fetus.

(c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

Punishment: 15-Life

PC 187 Attempted Murder in the 2nd Degree:

Punishment: 5 Years 7 Years or 9 Years Or 7 year to Life

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