How Does California Define the Crime of Torture?

You may think of torture as something done by corrupt foreign governments. Or that it’s a strategy the police use to get you to confess to a crime. What you might not know is that torture is a well-defined crime that anyone in California can commit. If convicted of this offense, you will face harsh penalties.

The Crime of Torture Is Different Than Mere Assault

Hitting someone, even beating them very badly, is not necessarily torture under California laws. You can commit numerous different crimes when being violent with someone else, but torture requires actions that go beyond simple assault. For a state prosecutor to convict you of the crime of torture in California, they must prove that you:

• Caused great bodily harm of another person;
• Meant to make the other person feel extreme pain or suffering; and,
• Acted because of revenge, extortion, persuasion, or some sadistic purpose.

A single instance of violence can lead to a torture conviction, but so can a pattern of behavior.

Great Bodily Harm Is Required for Torture

Even if you are trying to get revenge against someone that has wronged you, to commit torture, the violence you take must cause “great bodily harm.” California law defines great bodily harm as significant or substantial physical injury. Broken bones generally satisfy this requirement, while minor cuts or scrapes do not.

Additionally, you do not actually have to cause extreme pain or suffering to be guilty of torture. So long as you intended for the other person to feel severe pain, and they did suffer great bodily harm, you can be convicted.

Why You Acted Violently Matters in Torture Cases

The third requirement for a conviction of torture is determined by why you were acting violently. Your actions must have a motive, such as revenge, extortion, or a sadistic purpose. For your motivation to be sadistic, you must intend:

• To cause pain to another person; and,
• That the other person’s pain would give you pleasure.

Torture Is Always a Felony in California

A torture conviction is always a felony that can carry a sentence of life in a California state prison, with the possibility of parole. This is a severe crime, where a prosecutor needs to determine your state of mind when you were acting violently. Accordingly, there are ways to defend against a charge of torture. You can prove you did not commit torture by showing that you:

• Did not act with a required criminal purpose
• Were insane when you were acting
• Acted in self-defense

To show that you did not have the required criminal purpose, you have to prove that when you acted violently, you were not doing it for:

• Revenge;
• Extortion;
• Illegal persuasion; or,
• Any other sadistic purpose.

All violent actions can have severe consequences, but a charge of torture imperils your freedom for the rest of your life. If you’ve been arrested for an alleged act of torture, you should consult with an accomplished criminal attorney as soon as possible to determine your best course of action. Your liberty is on the line, so it’s essential that you have an experienced and professional defense lawyer on your side.

Facing a torture charge in Torrence, California? The Chambers Law Firm can help. Give us a call at 714-760-4088 or email us at dchambers@clfca.com to discuss your next steps with a member of our skilled legal team.