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Maryland Criminal Law Section 10-403

Article - Criminal Law

§ 10-403.

      (a)      This section does not apply to:

            (1)      a person acting in the course of medical, archaeological, educational, or scientific study;

            (2)      a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or

            (3)      a person acting under the authority of:

                  (i)      § 10-402 of this subtitle; or

                  (ii)      § 4-215 or § 5-408 of the Health - General Article.

      (b)      A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:

            (1)      unlawfully removed human remains; or

            (2)      an associated funerary object obtained in violation of § 10-404 of this subtitle.

      (c)      A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

      (d)      The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.

      (e)      This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:

            (1)      correction of improper burial siting; and

            (2)      moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.



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