(a) A person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with, remains known to be human, without authority of law, is guilty of a felony. This section does not apply to a person who, under authority of law, removes the remains for reinterment, or performs a cremation, reduction, or hydrolysis.

(b) For purposes of this section, the following definitions apply:

Terms Used In California Health and Safety Code 7052

  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19

(1) “Sexual penetration” means the unlawful penetration of the vagina or anus, however slight, by any part of a person’s body or other object, or any act of sexual contact between the sex organs of a person and the mouth or anus of a dead body, or any oral copulation of a dead human body for the purpose of sexual arousal, gratification, or abuse.

(2) “Sexual contact” means any willful touching by a person of an intimate part of a dead human body for the purpose of sexual arousal, gratification, or abuse.

(Amended by Stats. 2022, Ch. 399, Sec. 36. (AB 351) Effective January 1, 2023.)

  Previous section
Next section  
 Chapter 2 Contents