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1 New Section; Criminal Code; Abuse of Office; Torture. Amend RSA 643 by inserting after section 2 the following new section:
643:3 Torture.
I. A person is guilty of a class A felony if that person commits or attempts to commit torture.
II. As used in this section:
(a) "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 the person's custody or physical control.
(b) "Severe mental pain or suffering" means the prolonged mental harm caused by or resulting from:
(1) The intentional infliction or threatened infliction of severe physical pain or suffering;
(2) 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;
(3) The withholding, or threatened withholding, of medical treatment or lawful medications calculated to inflict severe physical pain or suffering;
(4) The threat of imminent death; or
(5) 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.
2 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Section; Criminal Code; Abuse of Office; Torture. Amend RSA 643 by inserting after section 2 the following new section:
643:3 Torture.
I. A person is guilty of a class A felony if that person commits or attempts to commit torture.
II. As used in this section:
(a) "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 the person's custody or physical control.
(b) "Severe mental pain or suffering" means the prolonged mental harm caused by or resulting from:
(1) The intentional infliction or threatened infliction of severe physical pain or suffering;
(2) 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;
(3) The withholding, or threatened withholding, of medical treatment or lawful medications calculated to inflict severe physical pain or suffering;
(4) The threat of imminent death; or
(5) 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.
2 Effective Date. This act shall take effect January 1, 2025.