§ 2340A

Torture

Death penalty possible Violence & Threats 1 sentenced (FY2025) Ch. 113C · Torture

Official text prohibited actmental stateif conditionpenaltylegal term

(a) Offense. Whoever outside the United States commits or to commit torture shall be 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) 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 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 .

History: (Added Pub. L. 103–236, title V, §506(a), Apr. 30, 1994, 108 Stat. 463 (PDF, 24 MB); amended Pub. L. 103–322, title VI, §60020, Sept. 13, 1994, 108 Stat. 1979 (PDF, 52 MB); Pub. L. 107–56, title VIII, §811(g), Oct. 26, 2001, 115 Stat. 381.)

Simplified explanation

It is a federal crime to commit or try to commit torture outside the United States. It applies to U.S. nationals and to anyone present in the United States, no matter the nationality of the victim or offender. Planning torture with others (conspiracy) is also a crime.