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Being in ambush for the purpose of murdering or harming another. A waiting and watching for an opportune time to act, together with a concealment by ambush or some other secret design to take the other person by surprise. The lying in wait need not continue for any particular period of time provided that its duration is such as to show a state of mind equivalent to premeditation or deliberation.

Lying in wait is evidence of deliberation, malice and intention and so is often used as a special circumstance to enhance sentencing in criminal cases.