Torture | Penal Code § 206

Description

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]

Punishment

Felony: 7years-Life
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No