[§707-718] Torture. (1) Any person who knowingly:
shall be guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c).
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Deprives" or "restricts" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).
(4) Torture is a class A felony.
(5) Where the conduct consists of depriving the minor or vulnerable person of necessary food, water, or clothing, it shall be a defense that the deprivation was caused solely by poverty, destitution, or lack of financial means. [L 2025, c 147, §2]