Barrera

Introduction

On June 5, 1990, the electorate adopted Proposition 115, the “Crime Victims Justice Reform Act.” (Raven v. Deukmejian (1990) 52 Cal.3d 336, 340 [ 276 Cal.Rptr. 326 , 801 P.2d 1077 ].) Among its avowed purposes, as stated in the preamble, was “ . . to create a system ... in which violent criminals receive just punishment, . . .’ ” (Id. at p. 342.) Toward that end, Penal Code section 206, defining the crime of torture, and section 206.1, prescribing its punishment, were enacted.

Section 206 provides:

“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.”

Section 206.1 provides:

Appellant, Johnny Barrera, mounts a broad attack upon these statutes. He contends: section 206 is vague and overbroad and violates equal protection guarantees of the state and federal Constitutions, that prosecutions cannot be brought because other statutes cover the same conduct it prohibits…