California § 188 - For purposes of Section 187, malice may be express or implied. (1) Malice is expr
Full text of California Public Contract Code - PCC § 188 — For purposes of Section 187, malice may be express or implied. (1) Malice is expr, with citation guidance and answers to common questions.
§ 188. For purposes of Section 187, malice may be express or implied. (1) Malice is expr
(a) For purposes of Section 187, malice may be express or implied. (1) Malice is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. (2) Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (3) Except as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime. (b) If it is shown that the killing resulted from an intentional act with express or implied malice, as defined in subdivision (a), no other mental state need be shown to establish the mental state of malice aforethought. Neither an awareness of the obligation to act within the general body of laws regulating society nor acting despite that awareness is included within the definition of malice.
Source: official California text · Last verified 2026-08-27
Frequently Asked Questions About California § 188
What does Public Contract Code - PCC § 188 cover?
Section 188 ("For purposes of Section 187, malice may be express or implied. (1) Malice is expr") is part of the Public Contract Code - PCC, the codified statutory law of California. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite California § 188?
A common citation format is "Public Contract Code - PCC § 188" (California). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of California law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the California official source linked on this page or consult a licensed California attorney.
How does California § 188 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in California can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in California.