Chapter 2 - Mayhem

California Penal Code — §§ 203-206.1

Sections (5)

Amended by Stats. 1989, Ch. 1360, Sec. 106.

Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.

Amended by Stats. 1986, Ch. 1424, Sec. 1.

Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.

Added by Stats. 1987, Ch. 785, Sec. 1.

A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.

Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.

The crime of torture does not require any proof that the victim suffered pain.

Amended by Stats. 2025, Ch. 631, Sec. 1. (AB 1094) Effective January 1, 2026.

(a)Torture is punishable by imprisonment in the state prison for a term of life.
(b)(1) Except as described in paragraph (2), a defendant imprisoned for torture shall not be eligible for parole until they have served at least seven years, pursuant to Section 3046.
(2)For a crime of torture committed on or after January 1, 2026, if the defendant is an adult who had care or custody of the victim and the victim was 14 years of age or younger at the time of the crime, the defendant shall not be eligible for parole until

they have served at least 10 years.