California, United States of America
The following excerpt is from People v. Brooks, 2 Cal.5th 674, 216 Cal.Rptr.3d 528, 393 P.3d 1 (Cal. 2017):
One of the prosecution's theories of first degree murder was murder committed by means of torture. ( 189.) To establish this theory of first degree murder, the prosecution must prove "(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 for any other sadistic purpose." (
[393 P.3d 49]
People v. Cook (2006) 39 Cal.4th 566, 602, 47 Cal.Rptr.3d 22, 139 P.3d 492.)
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