Page:United States Statutes at Large Volume 120.djvu/2659

 120 STAT. 2628

PUBLIC LAW 109–366—OCT. 17, 2006 ‘‘(III) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); or ‘‘(IV) significant loss or impairment of the function of a bodily member, organ, or mental faculty. ‘‘(ii) The term ‘severe mental pain or suffering’ has the meaning given that term in section 2340(2) of title 18. ‘‘(iii) The term ‘serious mental pain or suffering’ has the meaning given the term ‘severe mental pain or suffering’ in section 2340(2) of title 18, except that— ‘‘(I) the term ‘serious’ shall replace the term ‘severe’ where it appears; and ‘‘(II) as to conduct occurring after the date of the enactment of the Military Commissions Act of 2006, the term ‘serious and non-transitory mental harm (which need not be prolonged)’ shall replace the term ‘prolonged mental harm’ where it appears. ‘‘(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.— ‘‘(A) OFFENSE.—Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war 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) SERIOUS BODILY INJURY DEFINED.—In this paragraph, the term ‘serious bodily injury’ means bodily injury which involves— ‘‘(i) a substantial risk of death; ‘‘(ii) extreme physical pain; ‘‘(iii) protracted and obvious disfigurement; or ‘‘(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ‘‘(14) MUTILATING OR MAIMING.—Any person subject to this chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, 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. ‘‘(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any person subject to this chapter who intentionally kills one or more persons, including lawful combatants, in violation of the law of war shall be punished by death or such other punishment as a military commission under this chapter may direct. ‘‘(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW OF WAR.—Any person subject to this chapter who intentionally destroys property belonging to another person in violation of

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