18 U.S. Code § 2340 - Definitions
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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;
Source
(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.)
Amendments
2004—Par. (3). Pub. L. 108–375amended par. (3) generally. Prior to amendment, par. (3) read as follows: “ ‘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.”
1994—Par. (1). Pub. L. 103–415substituted “within his custody” for “with custody”.
Par. (3). Pub. L. 103–429substituted “section
46501
(2) of title
49” for “section 101(38) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(38))”.
Effective Date
Pub. L. 103–236, title V, § 506(c),Apr. 30, 1994, 108 Stat. 464, 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.]
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