[§707-718]  Torture.  (1)  Any person who knowingly:

     (a)  Causes serious bodily injury to another person within the actor's custody or physical control;

     (b)  Causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or

     (c)  Subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:

          (i)  Strangling the minor or vulnerable person;

         (ii)  Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;

        (iii)  Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;

         (iv)  Depriving the minor or vulnerable person of necessary food, water, or clothing;

          (v)  Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;

         (vi)  Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;

        (vii)  Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or

       (viii)  Exposing the minor or vulnerable person to extreme temperatures without adequate clothing,

shall be guilty of the offense of torture.

     (2)  Proof that the victim suffered pain is not an element of a violation of subsection (1)(c).

     (3)  For purposes of this section:

     "Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.

     "Deprives" or "restricts" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.

     "Minor" means a person under the age of eighteen years.

     "Pattern or practice" means two or more acts within a period of two years with a common state of mind.

     "Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).

     (4)  Torture is a class A felony.

     (5)  Where the conduct consists of depriving the minor or vulnerable person of necessary food, water, or clothing, it shall be a defense that the deprivation was caused solely by poverty, destitution, or lack of financial means. [L 2025, c 147, §2]

COMMENTARY ON §707-718

  Act 147, Session Laws 2025, added this section to establish the offense of torture as a class A felony in the State.  The legislature found that existing law did not clearly define torture and only punished torture as an aggravating circumstance for murder.  Even application of that sentence had been substantially weakened because the prosecution must prove that the torture inflicted was "unnecessary."  The legislature believed that it was essential to distinguish between abuse and torture because they differ in severity, and the penalties should reflect that distinction.  Accordingly, Act 147 would establish charges that accurately reflected the severity of these acts and ensure that offenders were held accountable for the magnitude of their crimes.  House Standing Committee Report No. 2034, Conference Committee Report No. 27.