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 as defined in Section 9-8-302.
     (2) A person is guilty of abuse or desecration of a dead human body if the person intentionally 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 court order;
     (d) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or
     (e) (i) commits or attempts to commit upon any dead human body any act of sexual penetration, 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, however slight, of the genital or anal opening by any object, substance, instrument, or device, including a part of the human body, or penetration involving the genitals of the actor and the mouth of the dead human body.
     (3) A person does not violate this section if when that person directs or carries out procedures 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 practice medicine.
     (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
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Last revised: Wednesday, October 08, 2008