Is malice aforethought required for a Page 19 conviction for attempted murder?

Villareal contends that this conclusion is contrary to the language of the newly amended section 188, which provides that except in cases of felony murder, "in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime." ( 188, subd. (a)(3).) In cases of direct liability, attempted murder requires an even stricter mental state than murder. Whereas a defendant may be guilty of murder simply by acting with conscious disregard for human life (People v. Bland (2002) 28 Cal.4th 313, 327), attempted murder requires the specific intent to kill. (People v. Smith (2005) 37 Cal.4th 733, 739.) If malice aforethought is now required for any murder

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conviction, Villareal argues that the same should be true for attempted murder.⁵