Penal Law (Amendment – Prohibition of Torture and Cruel, Inhuman and Degrading Treatment) Bill

What does the bill do?

The proposal adds a new section (277A) to the Penal Law defining and setting penalties for the offense of torture. The definition adopts the international definition: causing severe pain or suffering, physical or mental, by a public servant, for the purpose of extracting information, a confession, intimidation, or punishment. The penalties are set between fifteen years in prison for a basic offense, twenty years in prison if it caused grievous bodily harm, and life imprisonment if it caused death. The proposal states that the prohibition is absolute and applies in every situation, with no exceptions even in an emergency or war, and that other criminal defenses (necessity, duress) will not apply to this offense.