In what circumstances will a defendant be found guilty of torture murder?

California, United States of America

The following excerpt is from People v. Dalton, 247 Cal.Rptr.3d 273, 441 P.3d 283, 7 Cal.5th 166 (Cal. 2019):

As to the special circumstance allegation of torture murder, we have said that torture is the infliction of " "pain and suffering in addition to death." " ( People v. Edwards (2013) 57 Cal.4th 658, 716, 161 Cal.Rptr.3d 191, 306 P.3d 1049 ( Edwards ).) "The torture-murder special-circumstance allegation requires an "intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose." [Citation.] Unlike torture murder, it also requires an intent to kill and,

[441 P.3d 324]

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