Facts
- Harold Wayne Taylor and Patty Fansler previously lived together, separated in 1998, and Taylor made threats to kill Fansler and others close to her.
- Fansler obtained a restraining order after reporting Taylor raped her and continued to fear harassment and stalking.
- On March 9, 1999, Taylor entered Fansler’s apartment by ruse; after an apparent struggle, he shot her in the head, killing her.
- The scene showed signs of violent struggle, including extensive disarray and blood.
- Autopsy revealed Fansler was pregnant; the fetus (approximately 11–13 weeks) died as a result of Fansler’s death.
- The record contained no evidence Taylor knew Fansler was pregnant when he killed her.
- A jury convicted Taylor of second degree murder of Fansler and second degree murder of the fetus under Penal Code § 187.
- The Court of Appeal reversed the fetal-murder conviction for insufficient evidence of implied malice toward the fetus due to lack of proof of knowledge of pregnancy.
Issues
- Whether Penal Code § 187 permits conviction for second degree implied-malice murder of a fetus when the defendant kills a pregnant woman without proof the defendant knew of the pregnancy.
- Whether implied malice requires the defendant to subjectively appreciate the risk to the particular victim who dies, as opposed to human life generally.
Decision
- The California Supreme Court reversed the Court of Appeal and reinstated Taylor’s second degree murder conviction for the fetus.
- The court held that proof the defendant knew of the pregnancy is not required for second degree implied-malice murder of a fetus under Penal Code § 187.
- The court concluded implied malice is shown by conscious disregard for human life, and liability extends to any protected victim (human being or fetus) actually killed by the life-endangering act.
Legal Principles
- Penal Code § 187 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought; “fetus” identifies a protected class of homicide victims.
- Implied malice exists when a defendant deliberately commits an act dangerous to life, knowing the conduct endangers the life of another, and acts with conscious disregard for life.
- For implied malice, the requisite mental state is directed at endangering human life in general; it does not require awareness of the identity, number, or specific characteristics of each victim who dies.
- When the Legislature added “fetus” to § 187, it extended homicide protection to fetuses without adding a statutory element requiring the perpetrator’s knowledge of pregnancy; courts should not impose such an extra element.
Conclusion
A defendant who kills a pregnant woman by committing an act dangerous to life with conscious disregard for human life may be convicted of second degree implied-malice murder of the fetus even without proof the defendant knew the woman was pregnant, because § 187 protects fetuses as homicide victims and implied malice is not victim-specific.