76-9-704 - Abuse or desecration of a dead human body -- Penalties.
76-9-704. Abuse or desecration of a dead human body -- Penalties.
(1) For purposes of this section, "dead human body" includes any part of a human bodyin any stage of decomposition, including ancient human remains as defined in Section 9-8-302.
(2) A person is guilty of abuse or desecration of a dead human body if the personintentionally and unlawfully:
(a) fails to report the finding of a dead human body to a local law enforcement agency;
(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;
(c) disinters a buried or otherwise interred dead human body, without authority of a courtorder;
(d) dismembers a dead human body to any extent, or damages or detaches any part orportion of a dead human body; or
(e) (i) commits or attempts to commit upon any dead human body any act of sexualpenetration, regardless of the sex of the actor and of the dead human body; and
(ii) as used in Subsection (2)(e)(i), "sexual penetration" means penetration, howeverslight, of the genital or anal opening by any object, substance, instrument, or device, including apart of the human body, or penetration involving the genitals of the actor and the mouth of thedead human body.
(3) A person does not violate this section if when that person directs or carries outprocedures regarding a dead human body, that person complies with:
(a) Title 9, Chapter 8, Part 3, Antiquities;
(b) Title 26, Chapter 4, Utah Medical Examiner Act;
(c) Title 26, Chapter 28, Revised Uniform Anatomical Gift Act;
(d) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;
(e) Title 58, Chapter 9, Funeral Services Licensing Act; or
(f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practicemedicine.
(4) (a) Failure to report the finding of a dead human body as required under Subsection(2)(a) is a class B misdemeanor.
(b) Abuse or desecration of a dead human body as described in Subsections (2)(b)through (e) is a third degree felony.
Amended by Chapter 60, 2007 General Session
Amended by Chapter 231, 2007 General Session