18 U.S.C. § 2340A

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 2340A - Torture

(a) OFFENSE.-Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) JURISDICTION.-There is jurisdiction over the activity prohibited in subsection (a) if-

(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) CONSPIRACY.-A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

18 U.S.C. § 2340A

Added Pub. L. 103-236, title V, §506(a), Apr. 30, 1994, 108 Stat. 463; amended Pub. L. 103-322, title VI, §600200020,, 108 Stat. 1979; Pub. L. 107-56, title VIII, §811(g), Oct. 26, 2001, 115 Stat. 381.

EDITORIAL NOTES

AMENDMENTS2001-Subsec. (c). Pub. L. 107-56 added subsec. (c). 1994-Subsec. (a). Pub. L. 103-322 inserted "punished by death or" before "imprisoned for any term of years or for life".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective on the later of Apr. 30, 1994, or the date on which the United States has become a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Nov. 20, 1994), see section 506(c) of Pub. L. 103-236 set out as a note under section 2340 of this title.

United States

"United States" means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

torture

"torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;