18 U.S.C. § 2339D — Receiving military-type training from a

Page 609 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2339D 1 So in original. The word ‘‘section’’ probably should appear after ‘‘in’’. 2 So in original. Probably should be section ‘‘2332a(c)(2)’’. AMENDMENTS 2006—Pub. L. 109–177 amended directory language of Pub. L. 108–458, § 6604. See 2004 Amendment notes below. 2004—Subsec. (c)(2). Pub. L. 108–458, § 6604(a)(1), as amended by Pub. L. 109–177, § 408(1), substituted ‘‘or re- sources, or any funds or proceeds of such funds’’ for ‘‘, resources, or funds’’ in introductory provisions. Subsec. (c)(2)(A). Pub. L. 108–458, § 6604(a)(2), as amended by Pub. L. 109–177, § 408(1), substituted ‘‘are to be provided, or knowing that the support or resources were provided,’’ for ‘‘were provided’’. Subsec. (c)(2)(B). Pub. L. 108–458, § 6604(a)(3), as amended by Pub. L. 109–177, § 408(1), struck out ‘‘or any proceeds of such funds’’ after ‘‘any such funds’’ and sub- stituted ‘‘are to be provided or collected, or knowing that the funds were provided or collected,’’ for ‘‘were provided or collected’’. Subsec. (e)(13), (14). Pub. L. 108–458, § 6604(b), as amended by Pub. L. 109–177, § 408(2), added par. (13) and redesignated former par. (13) as (14). 2002—Subsec. (a)(1). Pub. L. 107–273 substituted ‘‘de- scribed in subsection (b)’’ for ‘‘described in subsection (c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–177, title IV, § 408, Mar. 9, 2006, 120 Stat. 245, provided that the amendment by Pub. L. 109–177 to section 6604 of Pub. L. 108–458 (amending this section) is effective on the date of enactment of Pub. L. 108–458 (Dec. 17, 2004). EFFECTIVE DATE Pub. L. 107–197, title II, § 203, June 25, 2002, 116 Stat. 727, provided that: ‘‘Except for paragraphs (1)(D) and (2)(B) of section 2339C(b) of title 18, United States Code, which shall become effective on the date that the Inter- national Convention for the Suppression of the Financ- ing of Terrorism enters into force for the United States [July 26, 2002], and for the provisions of section 2339C(e)(7)(I) of title 18, United States Code, which shall become effective on the date that the International Convention for the Suppression of Terrorist Bombing enters into force for the United States [July 26, 2002], section 202 [enacting this section and provisions set out as a note below] shall take effect on the date of enact- ment of this Act [June 25, 2002].’’ DISCLAIMER Pub. L. 107–197, title II, § 202(c), June 25, 2002, 116 Stat. 727, provided that: ‘‘Nothing contained in this section [enacting this section] is intended to affect the scope or applicability of any other Federal or State law.’’ § 2339D. Receiving military-type training from a foreign terrorist organization (a) OFFENSE.—Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the train- ing by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act as a foreign terrorist organization shall be fined under this title or imprisoned for ten years, or both. To violate this subsection, a person must have knowledge that the organization is a des- ignated terrorist organization (as defined in sub- section (c)(4)), that the organization has en- gaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nation- ality Act), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989). (b) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an of- fense under this section. There is jurisdiction over an offense under subsection (a) if— (1) an offender is a national of the United States (as defined in 1 101(a)(22) of the Immi- gration and Nationality Act) or an alien law- fully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act); (2) an offender is a stateless person whose habitual residence is in the United States; (3) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct re- quired for the offense occurs outside the United States; (4) the offense occurs in whole or in part within the United States; (5) the offense occurs in or affects interstate or foreign commerce; or (6) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a) or conspires with any person over whom juris- diction exists under this paragraph to commit an offense under subsection (a). (c) DEFINITIONS.—As used in this section— (1) the term ‘‘military-type training’’ in- cludes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explo- sive, firearm or other weapon, including any weapon of mass destruction (as defined in sec- tion 2232a(c)(2) 2); (2) the term ‘‘serious bodily injury’’ has the meaning given that term in section 1365(h)(3); (3) the term ‘‘critical infrastructure’’ means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastruc- ture may be publicly or privately owned; ex- amples of critical infrastructure include gas and oil production, storage, or delivery sys- tems, water supply systems, telecommuni- cations networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including med- ical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports); and (4) the term ‘‘foreign terrorist organization’’ means an organization designated as a ter- rorist organization under section 219(a)(1) of the Immigration and Nationality Act. (Added Pub. L. 108–458, title VI, § 6602, Dec. 17, 2004, 118 Stat. 3761.) Editorial Notes REFERENCES IN TEXT Sections 101, 212, and 219 of the Immigration and Na- tionality Act, referred to in subsecs. (a), (b)(1), and (c)(4), are classified to sections 1101, 1182, and 1189, re- spectively, of Title 8, Aliens and Nationality. 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 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 pos- sessions of the United States. (Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463; amended Pub. L. 103–415, § 1(k), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103–429, § 2(2), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 108–375, div. A, title X, § 1089, Oct. 28, 2004, 118 Stat. 2067.) Editorial Notes AMENDMENTS 2004—Par. (3). Pub. L. 108–375 amended par. (3) gen- erally. Prior to amendment, par. (3) read as follows: ‘‘ ‘United States’ includes all areas under the jurisdic- tion 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.’’ 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))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–236, title V, § 506(c), Apr. 30, 1994, 108 Stat. 464, provided that: ‘‘The amendments made by this sec- tion [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 be- come 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.] § 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 impris- oned 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 ob- ject of the conspiracy. (Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 463; amended Pub. L. 103–322, title VI, § 60020, Sept. 13, 1994, 108 Stat. 1979; Pub. L. 107–56, title VIII, § 811(g), Oct. 26, 2001, 115 Stat. 381.) Editorial Notes 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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, Inhu- man 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. § 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 sub- stantive or procedural right enforceable by law by any party in any civil proceeding.