§2340A — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

If someone outside the United States commits or tries to commit torture, they can be fined under federal law, jailed for up to 20 years, or both. If the torture causes a death, the person can be sentenced to death or to life in prison or to any number of years in prison. Federal courts can try the case if the accused is a U.S. national or if the accused is in the United States, no matter the victim’s or accused’s nationality. Someone who plots or agrees with others to commit this crime gets the same punishments (except they cannot get the death penalty).

Title 18, §2340A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

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, Inhuman 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.

§2340A Torture