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H.B. 192
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6 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE CRIME OF ABUSE OR
7 DESECRATION OF A DEAD HUMAN BODY INCLUDING CLARIFYING ITS
8 APPLICATION TO ANCIENT HUMAN REMAINS; INCREASING PENALTIES FOR
9 ANTIQUITIES CRIME; AND MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-6-903, as last amended by Chapter 241, Laws of Utah 1991
13 76-9-704, as last amended by Chapter 241, Laws of Utah 1992
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 76-6-903 is amended to read:
16 76-6-903. Penalties.
17 (1) [
18 (a) violates this part; or [
19 (b) counsels, procures, solicits, or employs any other person to violate this part.
20 (2) A person is guilty of a [
21 if:
22 (a) that person commits a second or subsequent violation[
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24 (b) the amount calculated under Subsection (3) for a violation described in Subsection (1)
25 exceeds $500.
26 (3) The amount described in Subsection (2)(b) is calculated by adding the:
27 (a) commercial or archaeological value of the antiquities involved in the violation; and
28 (b) cost of the restoration and repair of the antiquities involved in the violation.
29 [
30 photographs and records, shall be forfeited to the state[
31 (b) All articles and material discovered, collected, excavated, or offered for sale or
32 exchange shall be surrendered to the landowner.
33 Section 2. Section 76-9-704 is amended to read:
34 76-9-704. Abuse or desecration of a dead human body -- Penalties.
35 (1) For purposes of this section, "dead human body" includes any part of a human body
36 in any stage of decomposition, including ancient human remains.
37 (2) A person is guilty of abuse or desecration of a dead human body if the person
38 intentionally and unlawfully:
39 (a) [
40 enforcement agency;
41 (b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;
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43 court order;
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45 or portion of a dead human body; or
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47 or intercourse, object rape, sodomy, or object sodomy, as these acts are described in Title 76,
48 Chapter 5, Offenses Against the Person.
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50 person directs or carries out procedures regarding a dead human body, [
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52 (a) Title 58, Chapter 9, Funeral Service License Act;
53 (b) Title 26, Chapter 28, Uniform Anatomical Gift Act;
54 (c) Title 26, Chapter 4, Utah Medical Examiner Act;
55 (d) Title 58, h [
55a concerns licensing to
56 practice medicine;
57 (e) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes; or
58 (f) Title 9, Chapter 8, Part 3, Antiquities.
59 [
60 (4) (a) Failure to report the finding of a dead human body [
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62 misdemeanor.
63 (b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through
64 (e) is a third degree felony.
Legislative Review Note
as of 11-19-98 12:52 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.