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Cal. Penal Code § 198.5

Homicide

Applied in 5 court decisions — leading case 62 Cal. 4th 1192 - People v. Rangel (2016)

Most recently applied in 62 Cal. 4th 1192 - People v. Rangel (March 2016)

Added by Stats. 1984, Ch. 1666, Sec. 1.

How often courts cite this section

199720002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant or substantial physical injury.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.