What Is Considered Torture?

When you hear the term torture, you think about terrible acts of mayhem, beatings, and infliction of severe pain. Torture can be a crime under state law, but under federal law, torture has a very specific definition. Under federal law, the definition of torture is an act committed by a public official acting in their official capacity intended to inflict severe physical or mental pain or suffering on another individual.

If you have questions about what is considered torture as a federal crime, talk to a federal criminal defense lawyer for more information.

What Is Torture?

Torture under federal law means an act committed by a person acting under the authority of the law to inflict severe physical or mental pain or suffering on another person in their custody. Mental pain and suffering can involve prolonged mental harm caused by:

• Intentionally inflicting of severe physical pain or suffering
• Using mind-altering substances or other procedures to disrupt the senses or personality
• Threatening imminent death against the captive or someone close to them

Federal law allows the U.S. government to prosecute acts of torture that occur outside of the U.S. when committed by public officials.

The U.S. is a party to international human rights laws and treaties, like the United Nations Convention Against Torture (UNCAT) and the Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment. These agreements work toward preventing torture. The UNCAT also provides protections for U.S. non-citizens facing deportation to a country that is known to commit acts of torture.

Some examples of torture and inhuman and degrading treatment suffered by detainees include:

• Degrading interrogation techniques like waterboarding
• Non-consensual sexual acts
• Causing extreme pain from electric shocks

Acts of mental torture can include:

• Subjecting to constant bright lights, loud noise, or solitary confinement
• Hooding or blindfolding a person to disorient them
• Sleep deprivation
• Acts of humiliation

What Behavior Is Not Considered Torture Under Federal Law?

Federal laws regarding torture and ill-treatment do not include:

Pain or suffering due to “lawful sanction,” such as limiting exercise and activity for federal prison inmates. For example, an inmate in solitary confinement not subject to any other physical or food deprivations would not meet the federal definition of torture.

What Are the Penalties for Torture?

A public official who attempts or commits such acts of torture, even if they are outside of the U.S., can face serious penalties including:

• A felony criminal conviction

• Up to 20 years in prison
• Up to life in prison if the torture results in death

If you are a public official subject to prosecution for the use of torture or other war crimes under federal law, contact a criminal defense attorney who can help you understand all of your legal rights. This is an extremely serious matter, and you must get serious, skilled representation to have the best chance of minimizing the negative effects of a conviction or guilty plea.