U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 113C— TORTURE

18 U.S.C. § 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;(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” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions 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 NotesAmendments

2004—Par. (3). Pub. L. 108–375 amended 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. 103–415 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 SubsidiariesEffective 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.]

Notes of Decisions
Cited in 91 cases (26 in the last 5 years), 1995–2026 · leading case: United States v. Belfast, 611 F.3d 783 (11th Cir. 2010).
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United States v. Belfast, 611 F.3d 783 (11th Cir. 2010). · cites it 7× “Emmanuel, who is the first individual to be prosecuted under the Torture Act, 18 U.S.C. § 2340 -2340A (“the Torture Act”), seeks reversal of his convictions on the ground that the Torture Act is unconstitutional.”
Al Shimari v. CACI Int'l, Inc., 679 F.3d 205 (4th Cir. 2012). · cites it 8× “However, the Department carves out an exception where "a contractor has committed torture as defined in 18 U.S.C. § 2340 ," the federal anti-torture statute.”
Donald Vance v. Donald Rumsfeld, 701 F.3d 193 (7th Cir. 2012). · cites it 4× “Whether any of the techniques constitutes “torture” within the meaning of 18 U.S.C. §2340 (1), which makes torture by interrogators a crime, is a subject on which the parties’ briefs do not join issue, and which we therefore do not address.”
Saleh v. Titan Corp., 580 F.3d 1 (D.C. Cir. 2009). · cites it 2× “§ 948a et seq, the federal criminal torture statute, 18 U.S.C. § 2340 -2340A, the War Crimes Act, 18 U.”
Niang v. Gonzales, 492 F.3d 505 (4th Cir. 2007). · cites it 2× “" 18 U.S.C.A. § 2340 (1) (West 2000 & Supp.”
Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254 (2d Cir. 2007). · cites it 2× “18 U.S.C. § 2340 et seq. Section 2340 provides that, "[a]s used in this chapter .”
United States v. Sampson, 335 F. Supp. 2d 166 (D. Mass. 2004). · cites it 2× “This language is derived from 18 U.S.C. § 2340 , a 1994 statute that criminalizes torture committed outside the United States.”
Suhail Al Shimari v. CACI Premier Tech., Inc., 840 F.3d 147 (4th Cir. 2016). · cites it 2× “, 18 U.S.C. §§ 2340 - 2340A (implementing the United States’ obligations as a signatory of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment); 18 U.”
Ukashu Nuru, AKA Ukasha Nuru v. Alberto R. Gonzales, Attorney Gen., 404 F.3d 1207 (9th Cir. 2005). “5 ("[N]o one shall be submitted to torture or to inhuman or degrading treatment.”
United States v. Chanthadara, 230 F.3d 1237 (10th Cir. 2000). · cites it 2× “Chanthadara argues the “prolonged” language was necessary because 18 U.S.C. § 2340 (2) requires mental harm to be “prolonged” in order to constitute “torture.”
Pierre v. Gonzales, 502 F.3d 109 (2d Cir. 2007). “” 18 U.S.C. § 2340 (1). As other courts have noted, the George H.”
CACI Premier Tech., Inc. v. Rhodes, 536 F.3d 280 (4th Cir. 2008). · cites it 2× “" 18 U.S.C. § 2340 (1). However, the dictionary definitions of torture range from "any severe physical or mental pain," Webster's New World College Dictionary 1512 (4th ed.”
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— 18 U.S.C. § 2340(1) — 2 cases
Suhail Najim Abdullah Al Shimari v. Caci Premier Tech., Inc., 300 F. Supp. 3d 758 (E.D. Va. 2018).
Al Shimari v. CACI Premier Tech., Inc., 324 F. Supp. 3d 668 (E.D. Va. 2018).
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