(1) Any person who performs any act which results in the torment of another person shall be sentenced to a penalty of imprisonment for a term of two to five years

(2) Where the acts falling under the above paragraph are committed against:

 a) a child, a person who is physically or mentally incapable of defending himself or a pregnant women; or

b) a direct ascendant, direct descendant, adoptive parent or spouse, a penalty of imprisonment for a term of three to eight years shall be imposed.