2006 Utah Code - 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 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) 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, 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 143, 2005 General Session
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