Superseded 7/1/2023)

Superseded 7/1/2023
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 as defined in Section 9-8-302.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204
criminal case

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Terms Used In Utah Code 76-9-704

  • Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(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)  3;

(b)  2;

(c)  3;

(d)  3;

(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 330, 2023 General Session