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H.B. 192 Enrolled
Perry L. Buckner
AN ACT RELATING TO THE CRIMINAL CODE; MODIFYING PROHIBITIONS
GOVERNING ANTIQUITIES; AMENDING THE CRIME OF ABUSE OR DESECRATION OF
A DEAD HUMAN BODY INCLUDING CLARIFYING ITS APPLICATION TO ANCIENT
HUMAN REMAINS; INCREASING PENALTIES FOR ANTIQUITIES CRIME; AND MAKING
TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-6-902, as enacted by Chapter 277, Laws of Utah 1990
76-6-903, as last amended by Chapter 241, Laws of Utah 1991
76-9-704, as last amended by Chapter 241, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-902 is amended to read:
76-6-902. Prohibitions.
(1) It is unlawful for any person to intentionally alter, remove, injure, or destroy antiquities
without the landowner's consent.
(2) It is unlawful to intentionally reproduce, rework, or forge any antiquities or make any
object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any
object with the intent to represent the object as original and genuine, nor may any person offer any
object for sale or exchange that was collected or excavated in violation of this chapter.
Section 2. Section 76-6-903 is amended to read:
76-6-903. Penalties.
(1) [
(a) violates this part; or [
(b) counsels, procures, solicits, or employs any other person to violate this part.
(2) A person is guilty of a [
(a) that person commits a second or subsequent violation[
(b) the amount calculated under Subsection (3) for a violation described in Subsection (1)
exceeds $500.
(3) The amount described in Subsection (2)(b) is calculated by adding the:
(a) commercial or archaeological value of the antiquities involved in the violation; and
(b) cost of the restoration and repair of the antiquities involved in the violation.
[
photographs and records, shall be forfeited to the state[
(b) All articles and material discovered, collected, excavated, or offered for sale or exchange
shall be surrendered to the landowner.
Section 3. Section 76-9-704 is amended to read:
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 body in
any stage of decomposition, including ancient human remains.
(2) A person is guilty of abuse or desecration of a dead human body if the person
intentionally and unlawfully:
(a) [
enforcement agency;
(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;
[
court order;
[
portion of a dead human body; or
[
intercourse, object rape, sodomy, or object sodomy, as these acts are described in Title 76, Chapter
5, Offenses Against the Person.
[
person directs or carries out procedures regarding a dead human body, [
(a) Title 58, Chapter 9, Funeral [
(b) Title 26, Chapter 28, Uniform Anatomical Gift Act;
(c) Title 26, Chapter 4, Utah Medical Examiner Act;
(d) Title 58, [
licensing to practice medicine;
(e) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes; or
(f) Title 9, Chapter 8, Part 3, Antiquities.
[
(4) (a) Failure to report the finding of a dead human body [
misdemeanor.
(b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through
(e) is a third degree felony.
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