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18 USC CHAPTER 113C - TORTURE 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113C - TORTURE

.

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CHAPTER 113C - TORTURE

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Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

AMENDMENTS

2002 - Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov.

2, 2002, 116 Stat. 1808, repealed Pub. L. 104-294, title VI, Sec.

601(j)(1), Oct. 11, 1996, 110 Stat. 3501. See 1996 Amendment note

below.

1996 - Pub. L. 104-132, title III, Sec. 303(c)(1), Apr. 24, 1996,

110 Stat. 1253, redesignated chapter 113B as 113C. Pub. L. 104-294,

title VI, Sec. 601(j)(1), Oct. 11, 1996, 110 Stat. 3501, which made

identical amendment, was repealed by Pub. L. 107-273, div. B,

title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, effective

Oct. 11, 1996.

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18 USC Sec. 2340 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113C - TORTURE

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Sec. 2340. Definitions

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As used in this chapter -

(1) ''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;

(2) ''severe mental pain or suffering'' means the prolonged

mental harm caused by or resulting from -

(A) the intentional infliction or threatened infliction of

severe physical pain or suffering;

(B) the administration or application, or threatened

administration or application, of mind-altering substances or

other procedures calculated to disrupt profoundly the senses or

the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be

subjected to death, severe physical pain or suffering, or the

administration or application of mind-altering substances or

other procedures calculated to disrupt profoundly the senses or

personality; and

(3) ''United States'' includes all areas under the jurisdiction

of the United States including any of the places described in

sections 5 and 7 of this title and section 46501(2) of title 49.

-SOURCE-

(Added Pub. L. 103-236, title V, Sec. 506(a), Apr. 30, 1994, 108

Stat. 463; amended Pub. L. 103-415, Sec. 1(k), Oct. 25, 1994, 108

Stat. 4301; Pub. L. 103-429, Sec. 2(2), Oct. 31, 1994, 108 Stat.

4377.)

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AMENDMENTS

1994 - Par. (1). Pub. L. 103-415 substituted ''within his

custody'' for ''with custody''.

Par. (3). Pub. L. 103-429 substituted ''section 46501(2) of title

49'' for ''section 101(38) of the Federal Aviation Act of 1958 (49

U.S.C. App. 1301(38))''.

EFFECTIVE DATE

Section 506(c) of Pub. L. 103-236 provided that: ''The amendments

made by this section (enacting this chapter) shall take effect on

the later of -

''(1) the date of enactment of this Act (Apr. 30, 1994); or

''(2) 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.'' (Convention entered into

Force with respect to United States Nov. 20, 1994, Treaty Doc.

100-20.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 114 of this title.

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18 USC Sec. 2340A 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113C - TORTURE

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Sec. 2340A. Torture

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(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.

-SOURCE-

(Added Pub. L. 103-236, title V, Sec. 506(a), Apr. 30, 1994, 108

Stat. 463; amended Pub. L. 103-322, title VI, Sec. 60020, Sept. 13,

1994, 108 Stat. 1979; Pub. L. 107-56, title VIII, Sec. 811(g), Oct.

26, 2001, 115 Stat. 381.)

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AMENDMENTS

2001 - 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''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2332b, 2339A of this

title.

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18 USC Sec. 2340B 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 113C - TORTURE

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Sec. 2340B. Exclusive remedies

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Nothing in this chapter shall be construed as precluding the

application of State or local laws on the same subject, nor shall

anything in this chapter be construed as creating any substantive

or procedural right enforceable by law by any party in any civil

proceeding.

-SOURCE-

(Added Pub. L. 103-236, title V, Sec. 506(a), Apr. 30, 1994, 108

Stat. 464.)

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