Title 18 — Crimes and Criminal Procedure
Part I · Chapter 113C — Torture
§ 2340B. Exclusive remedies
Statutory text
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.
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.
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. § 2340B
(Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 464.)
Source evidence
Code source credit
(Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 464.)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.”.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the later of , 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 (), see section 506(c) of Pub. L. 103–236, set out as a note under section 2340 of this title.
Credits
(Added Pub. L. 103–236, title V, § 506(a), , 108 Stat. 464.)