Cal Pen Code § 187 (2004)
§ 187. Murder defined
(a) Murder is the unlawful killing of a human being, or a fetus,
with malice aforethought.
(b) This section shall not apply to any person who commits an
act that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act,
Article 2 (commencing with Section 123400) of Chapter
2 of Part 2 of Division 106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and
surgeon's certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be death of
the mother of the fetus or where her death from childbirth, although not
medically certain, would be substantially certain or more likely than not.
(3) The act was solicited, aided, abetted, or consented to by
the mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.