26B-8-208.  Rendering a dead body unavailable for postmortem investigation.

(1)  As used in this section:

Terms Used In Utah Code 26B-8-208

  • Dead body: means the same as that term is defined in Section 26B-8-101. See Utah Code 26B-8-201
  • Medical examiner: means the state medical examiner appointed pursuant to Section 26B-8-202 or a deputy appointed by the medical examiner. See Utah Code 26B-8-201
  • Unavailable for postmortem investigation: means that a dead body is:
(i) transported out of state;
(ii) buried at sea;
(iii) cremated;
(iv) processed by alkaline hydrolysis; or
(v) otherwise made unavailable to the medical examiner for postmortem investigation or autopsy. See Utah Code 26B-8-201
(a)  “Medical examiner” means the same as that term is defined in Section 26B-8-201.

(b)  “Unavailable for postmortem investigation” means the same as that term is defined in Section 26B-8-201.

(2)  It is unlawful for a person to engage in any conduct that makes a dead body unavailable for postmortem investigation, unless, before engaging in that conduct, the person obtains a permit from the medical examiner to render the dead body unavailable for postmortem investigation, under Section 26B-8-230, if the person intends to make the body unavailable for postmortem investigation.

(3)  A person who violates Subsection (2) is guilty of a third degree felony.

(4)  If a person engages in conduct that constitutes both a violation of this section and a violation of Section 76-9-704, the provisions and penalties of Section 76-9-704 supersede the provisions and penalties of this section.

Renumbered and Amended by Chapter 306, 2023 General Session