People v. Pre

In People v. Pre (2004) 117 Cal.App.4th 413, the Court explained that, "'as section 206 states, torture has two elements: (1) a person inflicted great bodily injury upon the person of another, and; (2) the person inflicting the injury did so with specific intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.'" "The statutory requirement of an intent to inflict 'cruel' pain and suffering has been interpreted to require that the defendant had an intent to inflict extreme or severe pain." (Id. at p. 420) The statutory term "sadistic purpose" means "'"the infliction of pain on another person for the purpose of experiencing pleasure."'" (Pre at p. 420) The intent required for a conviction of torture ( 206) and a torture-murder special circumstance finding ( 190.2(a)(18)) differs from the intent required for a conviction of torture murder ( 189) in that a torture-murder conviction also requires that the defendant acted with premeditation or deliberation, and with an intent to inflict prolonged pain. (Pre, supra, 117 Cal.App.4th at p. 420)