1. (a) Factors that may be considered when determining whether the victim or derivative victim was involved in the events leading to the qualifying crime as a result of mutual combat include, but are not limited to:

   1. (1) there was an implicit or explicit agreement to fight;
   2. (2) the victim or derivative victim made a deliberate threat;
   3. (3) the victim or derivative victim engaged in conduct indicating the intention of carrying out a deliberate threat;
   4. (4) the deliberate conduct of the victim or derivative victim reasonably provoked the other party into starting a physical altercation that lead to the qualifying crime;
   5. (5) the victim or derivative victim initiated a physical altercation that lead to the qualifying crime.

Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13956 and 13964, Government Code.

History

1. Change without regulatory effect renumbering former section 656.4 to section 649.53, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).