Code Section

Penal Code - PEN

PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4]

  ( Part 1 enacted 1872. )
  

TITLE 8. OF CRIMES AGAINST THE PERSON [187 - 248]

  ( Title 8 enacted 1872. )
  

CHAPTER 1. Homicide [187 - 199]
  ( Chapter 1 enacted 1872. )

  
198.  

A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.

(Amended by Stats. 1987, Ch. 828, Sec. 8.)