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18 U.S.C. § 2340 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
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Source location: Title 18, Chapter 113C, § 2340; chapter-113c-torture.md
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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” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of aliens ineligible for visas or admission** Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) **Health-related grounds**
(A) *In general* — Any alien—
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 11 So in original. The semicolon probably should be a comma.
(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv) who i
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Federal law — U.S. Code and appendices · legal_authorities
Page 610
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2340
Section 140(d)(2) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989, referred to in sub-
sec. (a), is classified to section 2656f(d)(2) of Title 22,
Foreign Relations and Intercourse.
CHAPTER 113C—TORTURE
Sec.
2340.
Definitions.
2340A.
Torture.
2340B.
Exclusive remedies.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov.
2, 2002, 116 Stat. 1808, repealed Pub. L. 104–294, title VI,
§ 601(j)(1), Oct. 11, 1996, 110 Stat. 3501. See 1996 Amend-
ment note below.
1996—Pub. L. 104–132, title III, § 303(c)(1), Apr. 24, 1996,
110 Stat. 1253, redesignated chapter 113B as 113C. Pub.
L. 104–294, title VI, § 601(j)(1), Oct. 11, 1996, 110 Stat. 3501,
which made identical amendment, was repealed by Pub.
L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116
Stat. 1808, effective Oct. 11, 1996.
§ 2340. Definitions
As used in this chapter—
(1) ‘‘torture’’ means an act committed by a
person acting under the color of law specifi-
cally 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 re-
sulting from—
(A) the intentional infliction or threatened
infliction of severe physical pain or suf-
fering;
(B) the administration or application, or
threatened administration or application, of
mind-altering substances or other proce-
dures calculated to disrupt profoundly the
senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will im-
minently be subjected to death, severe phys-
ical pa
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