Committing Torture
In California, there are many different laws in the penal code that address great bodily injury. The elements of the crime and punishments change as each law addresses injury due to various motivations and results. When an individual experiences great bodily injury so that information is extracted from them (or other reasons below), they have become victim to the crime of torture. According to California Penal Code 206 PC, torture is a felony crime that carries severe punishments.
There is a specific legal definition of torture, which the defendant in question must satisfy. Otherwise, without that definition it becomes incredibly difficult to determine what kind of actions fall under torture, and for what reasons. For example, if you are walking in public and another stranger accidentally brushes against you (while in a crowded place), you haven’t actually been tortured. What is considered torture, is the infliction of great bodily injury on an individual, done so to bring about extreme pain. Furthermore, the injury and suffering must be inflicted in order to seek revenge, extort the victim (reasons for extortion can vary), or engage in a sadistic act.
The great bodily injury described above refers to significant harm, but not necessarily permanent and completely debilitating injuries. Furthermore, the intention behind the harm must have been to inflict cruel/extreme pain or suffering. Within this element of the crime, it is the intention to cause the pain that matters, and not whether the victim actually suffers the pain. If the prosecution meets its burden and proves the elements of the crime beyond a reasonable doubt, the defendant faces a felony conviction. This crime requires the convicted individual to serve a life sentence in state prison. Depending on the context of the crime, other charges can be applied, and the defendant can also be forced to pay a fine of thousands of dollars.
