California § 190.5. 190.5. (Amended June 5, 1990, by initiative Proposition 115, Sec. 12.)

California Statutes

§ 190.5. — 190.5. (Amended June 5, 1990, by initiative Proposition 115, Sec. 12.)

California § 190.5.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title8.

Part 1.TITLE 8. OF CRIMES AGAINST THE PERSON

Ch. 1.CHAPTER 1. Homicide

This text of California § 190.5. (190.5. (Amended June 5, 1990, by initiative Proposition 115, Sec. 12.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 190.5. (2026).

Text

(a)Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the time of the commission of the crime. The burden of proof as to the age of such person shall be upon the defendant.

(b)The penalty for a defendant found guilty of murder in the first degree, in any case in which one or more special circumstances enumerated in Section 190.2 or 190.25 has been found to be true under Section 190.4, who was 16 years of age or older and under the age of 18 years at the time of the commission of the crime, shall be confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25 years to life.

(c)The trier of fact shall determine the existence of any special circumstance pursua

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(a)
Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the time of the commission of the crime. The burden of proof as to the age of such person shall be upon the defendant.
(b)
The penalty for a defendant found guilty of murder in the first degree, in any case in which one or more special circumstances enumerated in Section 190.2 or 190.25 has been found to be true under Section 190.4, who was 16 years of age or older and under the age of 18 years at the time of the commission of the crime, shall be confinement in the state prison for life without the possibility of parole or, at the discretion of the court, 25 years to life.
(c)
The trier of fact shall determine the existence of any special circumstance pursuant to the procedure set forth in Section 190.4.