While I’m not a lawyer (yet), I do happen to be a law student. California, like most states, has adopted exception clauses for abortion. The California Penal Code Section 187 reads:
187. (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.
Since Peterson was convicted of 1st degree murder he is facing penalty under California Penal Code Section 190 which reads in relevant part:
190. (a) Every person guilty of murder in the first degree shall be
punished by death, imprisonment in the state prison for life without
the possibility of parole, or imprisonment in the state prison for a
term of 25 years to life. The penalty to be applied shall be
determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and
190.5.
If your really bored and want to read the entire California Criminal Code dealing with murder, you can find it here:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=187-199
Now as for the law being inconsistent let me throw something else into the mix for consideration here. If unlawful killing is considered murder, then, what makes a killing lawful? And if there can be lawful killing then why would it be inconsistent for abortion to be included in that category? (Suggest you think the first question through before answering the second.)