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PC 206 Torture defined; Proof of Pain Not Required

PC 206 Torture defined; Proof of Pain Not Required

Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.

The crime of torture does not require any proof that the victim suffered pain.

What are the elements of Torture?

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.

Punishment:

The maximum punishment for a violation of this statute is a imprisonment in the state prison for a term of life.

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Torture can also be alleged as special allegation in a Murder case, thus making the homicide death penalty eligible.

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