Legal Definition of Murder

CALIFORNIA PENAL CODE
SECTION 187-199

  1.  

  1. Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.

http://caselaw.lp.findlaw.com/cacodes/pen/187-199.html

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Slide 20 of 49


Most people are rather shocked to find that the liberal state of California considers the intentional killing of a fetus to be murder. A recent example of the use of this law was in connection with the murder of Laci Peterson and her unborn son, Conner. Scott Peterson was charged with double homicide, even though Conner was an eight month old fetus.

The implications that a fetus could be murdered was not lost of the radical pro-choice movement. Mavra Stark, the head of the National Organization for Women's Morris County chapter said, "If this is murder, well, then any time a late-term fetus is aborted, they could call it murder." She also said, "There's something about this that bothers me a little bit. Was it born, or was it unborn? If it was unborn, then I can't see charging [Peterson] with a double-murder."

However, there are some rather notable exceptions to the fetal homicide law...

http://www.godandscience.org/abortion/sld020.html
Last Modified June 14, 2008

 

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