"Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture," Jay Bybee, then the assistant attorney general, wrote in the memo.Previously secret torture memo released - CNN.com
So what does this mean? No matter how much 'severe pain or suffering' is going on it's not torture as long as it's not intended to be. ?? You're not torturing as long as you don't specifically intend to?