2017 Maryland Code
Criminal Law
Title 10 - Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 4 - Crimes Relating to Human Remains
§ 10-401. Definitions
- (a) In general. -- In this subtitle the following words have the meanings indicated.
- ** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 265(a)(1) and the introductory language of former §§ 267(a)(1) and 267A(a)(1).
** REVISOR'S NOTE
In this subsection, the reference to this "subtitle" is substituted for the former references to "subheading" and this "section" to reflect the reorganization of material derived from the former subheadings on the removal of human remains from burial sites, graveyard desecration, and trading in human remains and associated funerary objects. Although this substitution applies the defined term "permanent cemetery" in § 10-404(e), which is derived from former Art. 27, § 267(d), a provision to which it did not originally apply, the term is used in a manner consistent with the term "permanent cemetery" used in the former law. No substantive change is intended.
- (b) Associated funerary object. --
- (1) "Associated funerary object" means an item of human manufacture or use that is intentionally placed:
- (i) with human remains at the time of interment in a burial site; or
- (ii) after interment, as a part of a death ceremony of a culture, religion, or group.
- (2) "Associated funerary object" includes a gravestone, monument, tomb, or other structure in or directly associated with a burial site.** REVISOR'S NOTE
This subsection is new language substituted for former Art. 27, §§ 265(a)(2), 267(a), and 267A(a) as they defined "associated funerary object".
** REVISOR'S NOTE
In this subsection and throughout this subtitle, the defined term "funerary object" is substituted for the former defined term "associated funerary object" for brevity.
** REVISOR'S NOTE
In this subsection, the reference to placement "after interment" is substituted for the former reference to "later" placement for clarity.
- (1) "Associated funerary object" means an item of human manufacture or use that is intentionally placed:
- (c) Burial site. --
- (1) "Burial site" means a natural or prepared physical location, whether originally located below, on, or above the surface of the earth, into which human remains or associated funerary objects are deposited as a part of a death ceremony of a culture, religion, or group.
- (2) "Burial site" includes the human remains and associated funerary objects that result from a shipwreck or accident and are left intentionally to remain at the site.** REVISOR'S NOTE
This subsection is new language substituted for former Art. 27, § 265(a)(3).
** REVISOR'S NOTE
In this subsection and throughout this subtitle, the former references to a death "rite" are deleted as included in the references to a death "ceremony".
- (d) Permanent cemetery. -- "Permanent cemetery" means a cemetery that is owned by:
- (1) a cemetery company regulated under Title 5 of the Business Regulation Article;
- (2) a nonprofit organization; or
- (3) the State.** REVISOR'S NOTE
This subsection formerly was Art. 27, § 265(a)(4).
** REVISOR'S NOTE
No changes are made.
