Torture Murder Law and Legal Definition

Torture murder means any murder occurred due to intentional infliction of pain and suffering to a victim. In torture murder, the murderer adopts a process where the victim is slowly tortured or leaves him/her to die out of injuries and blood loss. This practice of torture murder is considered as a third degree method. This practice is often adopted by serial killers.

The following is an example of a case law dealing with “torture murder”:

For purposes of proving murder by torture, the intent to inflict extreme pain may be inferred from the circumstances of the crime, the nature of the killing, and the condition of the victim's body. [People v. D'Arcy, 48 Cal. 4th 257 (Cal. 2010)]

According to the case law, elements of torture murder are:

1. acts causing death that involve a high degree of probability of the victim's death; and

2. a willful, deliberate, and premeditated intent to cause extreme pain or suffering for the purpose of revenge, extortion, persuasion, or another sadistic purpose. [People v. D'Arcy, 48 Cal. 4th 257 (Cal. 2010)]