(1) A person is guilty of a felony if that person engages in sexual contact with human remains.
(2)  As used in this section:
(a)  "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and
(b)  "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.

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Terms Used In Idaho Code 18-6603

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • (3)  Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.
    (4)  Nothing in this section shall be construed to criminalize:
    (a)  Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;
    (b)  Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;
    (c)  Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or
    (d)  Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.