18 U.S.C. § 2340B — Exclusive remedies

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 B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808, repealed Pub.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 L. 104–294, title VI, § 601(j)(1), Oct. 11, 1996, 110 Stat. 3501, which made identical amendment, was repealed by Pub.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. Page 611 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2341 1 So in original. Probably should be ‘‘a manufacturer’’. (Added Pub. L. 103–236, title V, § 506(a), Apr. 30, 1994, 108 Stat. 464.) 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. CHAPTER 114—TRAFFICKING IN CONTRA- BAND CIGARETTES AND SMOKELESS TO- BACCO Sec. 2341. Definitions. 2342. Unlawful acts. 2343. Recordkeeping, reporting, and inspection. 2344. Penalties. 2345. Effect on State and local law. 2346. Enforcement and regulations. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, title I, § 121(g)(3), (4)(A), Mar. 9, 2006, 120 Stat. 224, substituted ‘‘TRAFFICKING IN CON- TRABAND CIGARETTES AND SMOKELESS TO- BACCO’’ for ‘‘TRAFFICKING IN CONTRABAND CIGA- RETTES’’ in chapter heading, added items 2343 and 2345, and struck out former items 2343 ‘‘Recordkeeping and inspection’’ and 2345 ‘‘Effect on State law’’. § 2341. Definitions As used in this chapter— (1) the term ‘‘cigarette’’ means— (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (B) any roll of tobacco wrapped in any sub- stance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, con- sumers as a cigarette described in subpara- graph (A); (2) the term ‘‘contraband cigarettes’’ means a quantity in excess of 10,000 cigarettes, which bear no evidence of the payment of applicable State or local cigarette taxes in the State or locality where such cigarettes are found, if the State or local government requires a stamp, impression, or other indication to be placed on packages or other containers of cigarettes to evidence payment of cigarette taxes, and which are in the possession of any person other than— (A) a person holding a permit issued pursu- ant to chapter 52 of the Internal Revenue Code of 1986 as a manufacturer of tobacco products or as an export warehouse propri- etor, or a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311 or 1555) or an agent of such person; (B) a common or contract carrier trans- porting the cigarettes involved under a prop- er bill of lading or freight bill which states the quantity, source, and destination of such cigarettes; (C) a person— (i) who is licensed or otherwise author- ized by the State where the cigarettes are found to account for and pay cigarette taxes imposed by such State; and (ii) who has complied with the account- ing and payment requirements relating to such license or authorization with respect to the cigarettes involved; or (D) an officer, employee, or other agent of the United States or a State, or any depart- ment, agency, or instrumentality of the United States or a State (including any po- litical subdivision of a State) having posses- sion of such cigarettes in connection with the performance of official duties; (3) the term ‘‘common or contract carrier’’ means a carrier holding a certificate of con- venience and necessity, a permit for contract carrier by motor vehicle, or other valid oper- ating authority under subtitle IV of title 49, or under equivalent operating authority from a regulatory agency of the United States or of any State; (4) the term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Virgin Islands; (5) the term ‘‘Attorney General’’ means the Attorney General of the United States; (6) the term ‘‘smokeless tobacco’’ means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; (7) the term ‘‘contraband smokeless to- bacco’’ means a quantity in excess of 500 sin- gle-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, that are in the possession of any person other than— (A) a person holding a permit issued pursu- ant to chapter 52 of the Internal Revenue Code of 1986 as manufacturer 1 of tobacco products or as an export warehouse propri- etor, a person operating a customs bonded warehouse pursuant to section 311 or 555 of the Tariff Act of 1930 (19 U.S.C. 1311, 1555), or an agent of such person; (B) a common carrier transporting such smokeless tobacco under a proper bill of lad- ing or freight bill which states the quantity, source, and designation of such smokeless tobacco; (C) a person who— (i) is licensed or otherwise authorized by the State where such smokeless tobacco is found to engage in the business of selling or distributing tobacco products; and (ii) has complied with the accounting, tax, and payment requirements relating to such license or authorization with respect to such smokeless tobacco; or (D) an officer, employee, or agent of the United States or a State, or any department, agency, or instrumentality of the United States or a State (including any political subdivision of a State), having possession of