Sec. 52. (a) Except as provided in subsections (b), (c), and (d), a person that knowingly or intentionally violates this chapter commits a Class B misdemeanor.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
| Class B misdemeanor | up to 180 days | up to $1,000 |
For details, see
Ind. Code § 35-50-2-7,
Ind. Code § 35-50-3-2 and
Ind. Code § 35-50-3-3
Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 23-14-31-52
- authorizing agent: means a person legally entitled to order the cremation and final disposition of specific human remains. See Indiana Code 23-14-31-2
- cremated remains: means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device. See Indiana Code 23-14-31-7
- cremation: means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. See Indiana Code 23-14-31-8
- crematory: means a building or structure, including a holding facility where human remains are or are intended to be cremated. See Indiana Code 23-14-31-11
- crematory authority: means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations. See Indiana Code 23-14-31-12
- Decedent: A deceased person.
- temporary container: means a receptacle:
Indiana Code 23-14-31-20
- urn: means a receptacle designed to encase cremated remains. See Indiana Code 23-14-31-21
(1) performs a cremation without receipt of a cremation authorization form signed by an authorizing agent;
(2) signs a cremation authorization form that the individual knows contains false or incorrect information; or
(3) violates a cremation procedure under sections 36 through 42 of this chapter;
commits a Level 6 felony.
(c) A crematory authority that knowingly represents to an authorizing agent or the agent’s designee that a temporary container or urn contains the cremated remains of a specific decedent when the container or urn does not commits a Level 6 felony.
(d) A person:
(1) who:
(A) professes to the public to be a crematory authority; or
(B) operates a building or structure in Indiana as a crematory;
without being registered under section 22 of this chapter; or
(2) who fails to file an annual report required under section 24 of this chapter;
commits a Class A misdemeanor.
As added by P.L.231-1995, SEC.2. Amended by P.L.169-2003, SEC.2; P.L.158-2013, SEC.265.
