§ 2340. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2340]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 113C--TORTURE
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 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'' 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.
(Added Pub. L. 103-236, title V, Sec. 506(a), Apr. 30, 1994, 108 Stat.
463; amended Pub. L. 103-415, Sec. 1(k), Oct. 25, 1994, 108 Stat. 4301;
Pub. L. 103-429, Sec. 2(2), Oct. 31, 1994, 108 Stat. 4377.)
Amendments
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))''.
Effective Date
Section 506(c) of Pub. L. 103-236 provided that: ``The amendments
made by this section [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 become 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.]
Section Referred to in Other Sections
This section is referred to in section 114 of this title.
