This bill establishes a criminal prohibition against torture, defining it as an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering upon another person within their custody or control. The bill supplements existing federal law on torture committed outside of the United States. The bill adds a new section to the Criminal Code, making torture a class A felony. It defines "torture" as 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 their custody or physical control. "Severe mental pain or suffering" is defined as prolonged mental harm caused by intentional infliction of physical pain or suffering, administration of mind-altering substances, withholding of medical treatment, threat of imminent death, or threat of imminent harm to another person.

The bill does not have a fiscal impact on the state, county, or local governments. However, it may have an impact on the judicial and correctional systems, affecting prosecution, incarceration, probation, and parole costs. The bill has been reviewed by the Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association.