According to California Penal Code Section 206, torture is the infliction of great bodily harm with the intention to cause extreme pain and suffering for extortion, revenge, persuasion, or a sadistic purpose.
Torture is similar to mayhem under PC Section 203 and other violent crime offenses, but the main difference is the critical element of motivation. Without motivation, intention to cause suffering and pain and inflicting great bodily harm is not enough for a conviction under PC Section 206.
Prosecutor must establish the following elements to prove that defendant has committed an act of torture pursuant to California PC Section 206.
Under California law, the crime of torture doesn’t require any proof that the victim suffered pain. The only thing that must be shown is that the defendant inflicted great bodily injury and that when he did so he intended to cause extreme pain and suffering while.
For purposes of California PC Section 206, great bodily injury means a substantial or significant physical injury. It must something more than just a minor or moderate harm. Examples of “great bodily injury” include:
To be found guilty of torture under California PC Section 206, defendant should have caused cruel or extreme pain and suffering to the victim. The intent to hurt another one is not the same as intent to inflict extreme or cruel or pain and suffering.
To be found guilty of torture, defendant’s motivation for causing extreme or cruel pain and inflicting great bodily injury must be for revenge, extortion, persuasion, or sadistic purposes.
In case the defendant caused extreme pain or inflicted great bodily harm for reasonably defending himself or another person, he can’t be convicted of torture.
In case the defendant is convicted of the crime of torture under California PC Section 206, he will be punished with:
A strike will be added to defendant’s record under California’s Three Strikes Law since torture is considered as a violent felony crime.
The defendant will be eligible to seek parole at a parole board hearing not earlier than seven years into his sentence.
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