Last Updated on July 2, 2025
Torture may be a common enough word in our modern language, but there’s a big difference between what is considered torture under the law and what people may joke about being torture —like listening to Nickleback or being forced to eat anchovy pizza. Under California penal Code section 206 (PC), torture is specifically defined not only by what is done to the victim by also by the intent of the torturer. Call a criminal defense lawyer as soon as possible if you have been accused of torture.
What is Legally Considered Torture?
Under California law, the crime of torture involves inflicting great bodily harm on another person with the intent to cause cruel or extreme pain for the purpose of revenge, extortion, persuasion, or for any sadistic purpose. The specific intent and motivation of this crime focus more on the defendant’s intentions than the actual pain suffered by the victim, which is partly what distinguishes torture from the lesser crime of aggravated battery or the equally serious offense of aggravated mayhem.
These details are crucial in charges related to 206 (PC). If the prosecution cannot prove you intended to cause cruel or extreme pain for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, your attorney should be able to have the charges reduced or dropped.
The Victim Doesn’t Actually Have to Suffer
A few notable things about the law are that torture does not need to be premeditated, the pain does not need to be prolonged, and the victim doesn’t need to suffer any actual pain as long as the defendant intended to inflict pain.
Unlike the crime of mayhem, the injury does not have to be permanent, disabling, or disfiguring. However, to be considered torture, the victim does not need to have suffered great bodily harm, defined under state law as an injury that causes significant or substantial physical injury. Even when severe, emotional harm is not considered a form of great bodily harm; however, many sex crimes that go against the victim’s will can be a form of torture.
For example, if someone cuts off another person’s toe in an attempt to obtain revenge, they could still be convicted of torture even if the victim had no sensation in their foot and did not actually suffer any pain. On the other hand, if the revenge attempt involved showing the victim videos of dying animals, causing the victim severe emotional trauma, it would not be torture since no bodily injury occurred.
Penalties for Torture in Vista, California
Torture is a serious criminal offense in California and is punishable by life imprisonment. If the victim dies, you can be charged with murder involving special circumstances, meaning you may face the death penalty or life in prison without the possibility of parole. Torture is a violent felony and a strike under the three strikes law, so a conviction requires you to serve 85% of your sentence before you are eligible for parole. Additionally, if you are released and then face another felony in the future, your sentence will automatically be doubled.
Fighting Torture Charges
To show your guilt, the prosecution must be able to prove that you 1) inflicted great bodily injury 2) intending to cause extreme pain 3) for the purpose of revenge, extortion, persuasion, or a sadistic purpose. The prosecution cannot secure a conviction if they cannot prove all three factors.
So if the victim didn’t suffer “great bodily” injury under the definition of the law, they were not tortured. Similarly, suppose the victim testifies that they were put under anesthesia. In that case, it’s unlikely the defendant intended to cause extreme pain —meaning it can’t be considered torture (though it could likely be mayhem). Finally, if the motivation wasn’t for revenge, extortion, persuasion, or a sadistic purpose, the defendant was not guilty of torture.
While it is rare for the first two requirements to be met without the third, it is possible. For example, if someone was forced to harm another person because a third individual threatened to kill their child, this would not be torture.
Call a Criminal Defense Attorney Today
Remember that in attempting to defend yourself from these charges, it is easy to accidentally confess to a related offense such as mayhem, battery, extortion, or domestic violence. For this reason, you should never speak to the investigators or victim without your criminal defense attorney present.
If you have been accused of any violent crime in California, particularly torture, please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation with attorney Peter M. Liss.
