(6)2.4.7 Torture

A person is guilty of Torture under this subsection if he or she willfully:

(a) inflicts severe physical pain or extreme mental suffering upon another person; and

(b) does so for the purpose of:

• obtaining information, a confession, or compliance; or
• punishment or retaliation; or
• intimidation or coercion; or
• sadistic gratification; or
• discrimination or degradation;

(c) while the victim is under the offender’s control, custody, restraint, or otherwise unable to escape or resist.

(d) Torture requires proof of specific intent to cause severe pain or suffering and shall not be established by negligent, reckless, or accidental conduct.

(e) Severe pain or suffering may be physical or mental and includes, but is not limited to:

• prolonged or extreme physical abuse;
• intentional infliction of serious bodily injury;
• prolonged deprivation of food, water, sleep, or medical care;
• exposure to extreme temperatures, environmental hazards, or sensory deprivation;
• threats of imminent death, serious injury, or harm to another person where such threats are credible;
• conduct intended to break the victim’s will through sustained fear, humiliation, or psychological trauma.

(f) Torture does not include:

• pain or suffering incidental to lawful arrest, detention, incarceration, or medical treatment conducted in good faith and in accordance with law; or
• pain or suffering arising solely from lawful disciplinary or corrective measures authorized by statute and reasonably necessary under the circumstances.

(g) Torture is a distinct offense and may be charged in addition to, or independently of, kidnapping, assault, unlawful imprisonment, or other applicable offenses.

Torture is a Class A+ Felony.