Utah Code 26B-8-207. Custody of dead body and personal effects — Examination of scene of death — Preservation of body — Autopsies
Current as of: 2024 | Check for updates
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 26B-8-207
- Health care professional: means any of the following while acting in a professional capacity:(4)(a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;(4)(b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or(4)(c) an advance practice registered nurse licensed under Subsection
58-31b-301 (2)(e). See Utah Code 26B-8-201- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) Upon notification of a death under Section26B-8-206 , the medical examiner shall assume jurisdiction over the deceased body, clothing on the body, biological samples taken, and any article on or near the body which may aid the medical examiner in determining the cause of death except those articles which will assist the investigative agency to proceed without delay with the investigation.(1)(b) In all cases the scene of the event may not be disturbed until authorization is given by the senior ranking peace officer from the law enforcement agency having jurisdiction of the case and conducting the investigation.(1)(c) Where death appears to have occurred under circumstances listed in Section26B-8-205 , the person or persons finding or having custody of the body, or jurisdiction over the investigation of the death, shall take reasonable precautions to preserve the body and body fluids so that minimum deterioration takes place.(1)(d) A person may not move a body under the jurisdiction of the medical examiner unless:(1)(d)(i) the medical examiner, or district attorney or county attorney that has criminal jurisdiction, authorizes the person to move the body;(1)(d)(ii) a designee of an individual listed in this Subsection (1)(d) authorizes the person to move the body;(1)(d)(iii) not moving the body would be an affront to public decency or impractical; or(1)(d)(iv) the medical examiner determines the cause of death is likely due to natural causes.(1)(e) The body can under direction of the medical examiner or the medical examiner’s designee be moved to a place specified by the medical examiner or the medical examiner’s designee.(2)(2)(a) If the medical examiner has jurisdiction over a body, a person may not clean or embalm the body without first obtaining the medical examiner’s permission.(2)(b) An intentional or knowing violation of Subsection (2)(a) is a class B misdemeanor.(3)(3)(a) When the medical examiner assumes lawful jurisdiction over a body under Subsection26B-8-205 (3) solely because the death was unattended, an autopsy may not be performed unless requested by the district attorney, county attorney having criminal jurisdiction, or law enforcement agency having jurisdiction of the place where the body is found.(3)(b) The county attorney or district attorney and law enforcement agency having jurisdiction shall consult with the medical examiner to determine the need for an autopsy.(3)(c) If the deceased chose not to be seen or treated by a health care professional for a spiritual or religious reason, a district attorney, county attorney, or law enforcement agency, may not request an autopsy or inquest under Subsection (3)(a) solely because of the deceased’s choice.(3)(d) The medical examiner or medical examiner’s designee may not conduct a requested autopsy described in Subsection (3)(a) if the medical examiner or medical examiner’s designee determines:(3)(d)(i) the request violates Subsection (3)(c); or(3)(d)(ii) the cause of death can be determined without performing an autopsy.