severe mental pain or suffering
(11) Torture.— (A) Offense .— Any person subject to this chapter who commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. (B) Severe mental pain or suffering defined .— In this paragraph, the term “severe mental pain or suffering” has the meaning given that term in section 2340(2) of title 18 .