1.123 — TORTURE

Violations of "Statute 1.123" results in a Class B Felony

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(a) Definitions

Torture is defined as the intentional and severe infliction of physical or mental pain or suffering upon another person, under the defendant's control or custody, for purposes such as obtaining information, punishment, coercion, intimidation, or revenge.

(b) Elements

To prove torture, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant intentionally inflicted severe physical or mental pain or suffering upon another person.

2. The person was under the control or custody of the defendant.

3. The infliction of pain or suffering was severe.

4. The defendant's actions were intentional and not accidental.

5. The defendant acted for purposes such as obtaining information, punishment, coercion, intimidation, or revenge.

(c) Defenses

Defenses to a charge of torture may include, but are not limited to:

• Lack of intent: The defendant did not intend to inflict severe pain or suffering upon the victim.

• Mistaken identity: The defendant was not the person responsible for the infliction of pain or suffering.

• Lawful authority: The defendant acted within the scope of their lawful authority or duty.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for torture or other violent offenses.

• The infliction of torture resulted in severe or lasting physical or psychological harm to the victim.

• Torture committed in a particularly heinous, cruel, or depraved manner.