## 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

1. 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.
2. 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.


People v. Taylor, 32 Cal. 4th 863 (Cal. 2004)