California Penal Code

§ 190.2

PEN § 190.2 Effective Jan 1, 2019Title 8 · Part 1 · Ch. 1

Statute text

(a)The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:

(1)The murder was intentional and carried out for financial gain.

(2)The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.

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Legislative history

Amended by Stats. 2018, Ch. 423, Sec. 43. (SB 1494) Effective January 1, 2019. Prior History: Added Nov. 7, 1978, by initiative Prop. 7; amended June 5, 1990, by Prop. 114 (from Stats. 1989, Ch. 1165) and by initiative Prop. 115; amended March 26, 1996, by Prop. 196 (from Stats. 1995, Ch. 478, Sec. 2).