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Criminal Homicide: Homicide is defined under California law as the unlawful killing of another human being. Under the umbrella of homicide are the crimes of murder and manslaughter. Murder is the killing of another human being with malice and with specific intent to kill. Murder is further divided into subcategories:
1. Murder in the first degree is defined in the Penal Code as premeditated and deliberate, or during the commission of a felony.
2. Murder in the second degree is similar to first-degree murder except that premeditation is not an element of the crime.
3. Manslaughter, under California law, is the killing of another human being without having malice and manslaughter is also separated by degrees: voluntary manslaughter is when the intent to kill is present; involuntary manslaughter does not include the element of intent. (PC Sections 187-199)
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