THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.85 Torture; felony; penalty; definitions; element of crime; other laws. Sec. 85.

(1) A person who, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts great bodily injury or severe mental pain or suffering upon another person within his or her custody or physical control commits torture and is guilty of a felony punishable by imprisonment for life or any term of years. (2) As used in this section: (a) "Cruel" means brutal, inhuman, sadistic, or that which torments. (b) "Custody or physical control" means the forcible restriction of a person's movements or forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority. (c) "Great bodily injury" means either of the following: (i) Serious impairment of a body function as that term is defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c. (ii) One or more of the following conditions: internal injury, poisoning, serious burns or scalding, severe cuts, or multiple puncture wounds. (d) "Severe mental pain or suffering" means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from any of the following: (i) The intentional infliction or threatened infliction of great bodily injury. (ii) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality. (iii) The threat of imminent death. (iv) The threat that another person will imminently be subjected to death, great bodily injury, or the administration or application of mind-altering substances or other procedures calculated to disrupt the senses or personality. (3) Proof that a victim suffered pain is not an element of the crime under this section. (4) A conviction or sentence under this section does not preclude a conviction or sentence for a violation of any other law of this state arising from the same transaction.

History: Add. 2005, Act 335, Eff. Mar. 1, 2006 Compiler's Notes: Former MCL 750.85, which pertained to assault with intent to commit rape, sodomy, or gross indecency, was repealed by Act 266 of 1974, Eff. Apr. 1, 1975.

Understanding the Torture Law in Michigan: Section 750.85 of the Michigan Penal Code Simplified

Section 750.85 of the Michigan Penal Code outlines the laws and penalties concerning torture. Here's a straightforward explanation:

Torture: A person commits torture when they, with the intent to cause cruel or extreme physical or mental pain and suffering, inflicts great bodily injury or severe mental pain or suffering on another person within their custody or physical control.

Penalties: Torture is a felony, punishable by life imprisonment or imprisonment for any number of years.

Definitions:

• "Cruel": Brutal, inhuman, sadistic, or tormenting.
• "Custody or physical control": Forcible restriction of a person's movements or forcible confinement of the person, interfering with their liberty without their consent or lawful authority.
• "Great bodily injury": Serious impairment of a body function (as defined in section 58c of the Michigan vehicle code), or conditions like internal injury, poisoning, severe burns or scalding, severe cuts, or multiple puncture wounds.
• "Severe mental pain or suffering": A mental injury that causes a substantial alteration of mental functioning, visibly demonstrable, caused by intentional infliction of great bodily injury, application of mind-altering substances or disruptive procedures, the threat of imminent death, or the threat of death or injury to another person.

Proof of Pain is Not Necessary: To convict someone of torture under this section, it is not necessary to prove that the victim suffered pain.

Other Violations: A conviction or sentence under this section doesn't prevent a conviction or sentence for a violation of any other state law arising from the same transaction.

The Importance of Understanding Section 750.85

This law is essential as it provides a legal framework for punishing the heinous act of torture, defining what constitutes torture, and providing guidelines for its penalty. It also specifies that proof of pain isn't necessary for a conviction, thereby acknowledging the subjective nature of pain and suffering. The law also maintains the possibility of concurrent convictions for other crimes committed during the same incident.