The definition of Torture is to intend or cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion or for any sadistic purpose, inflicting great bodily injury upon another person. Torture as a separate California crime started with Prop 115, passed in 1990 and known as the “”Crime Victims Justice Reform Act””. The crime of Torture does not actually require that the victim experience severe, or any, pain. Examples of Torture include a drug dealer breaking the arm of a man who owes him money or sexual trysts where bondage or strangulation result in injury or exacting revenge on a rapist by beating them with a hammer.
What does the prosecutor have to prove?
“1. The defendant inflicted extreme cruel physical pain and suffering upon a living human being.
2 Defendant caused great bodily injury to the victim.
3. Defendant intended to inflict such pain and suffering for the purpose of revenge, extortion, persuasion or for any sadistic purpose.
4. Victim may or may not have suffered any pain. [PC 206]
With probation 0-364 days