§ 2340. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title V § 506(a) · 108 Stat. 382

   Enacted · 18 U.S.C. § 2340

   Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463

   Source evidence

   Code source credit
   Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463

   Enacted provision · exact public law section
   (a) In General.— Part I of title 18, United States Code, is amended by inserting after chapter 113A the following new chapter: “CHAPTER 113B—TORTURE “Sec. “2340. Definitions. “2340A Torture. “2340B. Exclusive remedies. “SEC. 2340. DEFINITIONS. “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 with 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 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38)). “SEC. 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 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. “SEC. 2340B. EXCLUSIVE REMEDIES. “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.”.

2. 1994

   Pub. L. 103–415 § 1(k) · 108 Stat. 4299

   Substituted · 18 U.S.C. § 2340(1)

   Pub. L. 103–415 substituted “within his custody” for “with custody”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 103–415 substituted “within his custody” for “with custody”.

   Enacted provision · exact public law section
   (k) Part I of title 18, United States Code (as amended by section 506 of Public Law 103–236) is amended in paragraph (1) of section 2340 by striking “with” and inserting “within his”.

3. 1994

   Pub. L. 103–429 § 2(2) · 108 Stat. 4377

   Substituted · 18 U.S.C. § 2340(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))”

   Source evidence

   Code amendment note
   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))”.

   Enacted provision · exact public law section
   (2) In section 2340(3), strike “section 101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301(38))” and substitute “section 46501(2) of title 49”.

4. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title X § 1089 · 118 Stat. 1811

   Amended · 18 U.S.C. § 2340(3)

   Pub. L. 108–375 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “ ‘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 evidence

   Code amendment note
   Par. (3). Pub. L. 108–375 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “ ‘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.”

   Enacted provision · exact public law section
   SEC. 1089. DEFINITION OF UNITED STATES FOR PURPOSES OF FEDERAL CRIME OF TORTURE.   Section 2340(3) of title 18, United States Code, is amended to read as follows: “(3) ‘United States’ means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.” .

4 of 4 references resolved to an enrolled provision