# Is there a law against torturing people inside the US **URL:** \ **Category:** Factual Questions\ **Created:** [January 11, 2005, 2:16am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145 "2005-01-11T02:16:35Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Kel\_Varnsen\_Latex\_Division](https://avatars.discourse-cdn.com/v4/letter/k/aeb1de/32.png) [@Kel\_Varnsen\_Latex\_Division](https://boards.straightdope.com/u/Kel_Varnsen_Latex_Division)\ **Post date:** [January 11, 2005, 2:16am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/1 "2005-01-11T02:16:35Z")
Are there other federal laws than 18 USC 2340-2340A that deal with torture.?Under that it looks like torture is only illegal if committed outside the US. Can the Government torture a person inside the US? > **[FindLaw Legal Blogs - FindLaw](https://www.findlaw.com/legalblogs/)** > > Get the latest legal news and information, and learn more about laws that impact your everyday life by visiting FindLaw Legal Blogs. ---
**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\ **Post date:** [January 11, 2005, 2:36am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/2 "2005-01-11T02:36:44Z")
The Fifth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, thus outlawing government-sponsored torture within the U.S. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [January 11, 2005, 2:39am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/3 "2005-01-11T02:39:48Z")
What about the normal state-based criminal laws prohibiting assault? ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [January 11, 2005, 2:41am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/4 "2005-01-11T02:41:37Z")
I’m sure at some point it has been stated in a USSC decision that the 5th Amendment says Government sponsored torture is illegal, and torture by a private citizen is already dealt with by other criminal codes. ---
**Author:** ![Reeder](https://avatars.discourse-cdn.com/v4/letter/r/c6cbf5/32.png) [@Reeder](https://boards.straightdope.com/u/Reeder)\ **Post date:** [January 11, 2005, 2:47am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/5 "2005-01-11T02:47:24Z")
> [@Billdo](#): > > The Fifth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, thus outlawing government-sponsored torture within the U.S. That actually has to do with punishments handed down by a court. Most torture has nothing to do with a court case. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [January 11, 2005, 2:49am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/6 "2005-01-11T02:49:13Z")
> [@Billdo](#): > > The Fifth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, thus outlawing government-sponsored torture within the U.S. Not necessarily. That would forbid torture as a punishment or penalty, but not necessarily torture as an investigative technique. However the fourth amendment provides that “the right of the people to be secure **in their persons**. . . against unreasonable searches and seizures, shall not be violated” (bolding mine). That would seem to cover it. That, and general laws dealing with assault. ---
**Author:** ![Tapioca\_Dextrin](https://avatars.discourse-cdn.com/v4/letter/t/3d9bf3/32.png) [@Tapioca\_Dextrin](https://boards.straightdope.com/u/Tapioca_Dextrin)\ **Post date:** [January 11, 2005, 3:06am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/7 "2005-01-11T03:06:39Z")
The [State Department](http://www.state.gov/www/global/human_rights/torture_intro.html) claimed that torture was completely illegal within the United Staes in 1999. > [@](#): > > The United States ratified the Convention Against Torture in October 1994, and the Convention entered into force for the United States on November 20, 1994. …In 1992, the United States became a party to the International Covenant on Civil and Political Rights, some provisions of which may be considered to have wider application than those of the Convention Against Torture. …Torture is prohibited by law throughout the United States… No official of the government, federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture. Nor may any official condone or tolerate torture in any form. No exceptional circumstances may be invoked as a justification of torture. U.S. law contains no provision permitting otherwise prohibited acts of torture or other cruel, inhuman or degrading treatment or punishment to be employed on grounds of exigent circumstances (for example, during a “state of public emergency”) or on orders from a superior officer or public authority, and the protective mechanisms of an independent judiciary are not subject to suspension. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [January 11, 2005, 3:44am UTC](https://boards.straightdope.com/t/is-there-a-law-against-torturing-people-inside-the-us/284145/8 "2005-01-11T03:44:14Z")
> [@Billdo](#): > > The Fifth Amendment to the U.S. Constitution prohibits cruel and unusual punishment, thus outlawing government-sponsored torture within the U.S. That will come as quite a surprise to the Eighth Amendment.