When does the torture special circumstance apply when the first degree murder is a torture murder?

We also reject defendant's argument that the torture special circumstance should not apply when the first degree murder is a torture murder, or when the victim is a child whom the accused could lawfully discipline. As discussed earlier, we have construed the torture special circumstance to satisfy the requirements of the Eighth Amendment. (People v. Davenport, supra, 41 Cal.3d at pp. 265-271, 221 Cal.Rptr. 794, 710 P.2d 861.) A further narrowing or limiting of this special circumstance, as defendant has suggested, is not constitutionally mandated, and must be accomplished, if at all, by legislative action.