CALCRIM No. 733

§ 190.2(a)(18))

The defendant is charged with the special circumstance of murder

involving the infliction of torture [in violation of Penal Code section

190.2(a)(18)].

To prove that this special circumstance is true, the People must prove

that:

1. The defendant intended to kill <insert name of

decedent>;

2. The defendant also intended to inflict extreme physical pain and

suffering on <insert name of decedent> while that

person was still alive;

3. The defendant intended to inflict such pain and suffering on

<insert name of decedent> for the calculated purpose

of revenge, extortion, persuasion, or any other sadistic reason;

3. AND

3. <Alternative A—on or after June 6, 1990>

[4. The defendant did an act involving the infliction of extreme

physical pain and suffering on <insert name of

decedent>.]

[4. <Alternative B—before June 6, 1990>

[4. The defendant in fact inflicted extreme physical pain on

<insert name of decedent>.]

There is no requirement that the person killed be aware of the pain.

New January 2006; Revised February 2013, September 2023