New Jersey Statutes 2C:22-1. Disturbing, desecrating human remains; offenses
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the second degree | between 5 and 10 years | up to $150,000 |
| crime of the third degree | between 3 and 5 years | up to $15,000 |
Terms Used In New Jersey Statutes 2C:22-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) Unlawfully disturbs, moves or conceals human remains;
(2) Unlawfully desecrates, damages or destroys human remains; or
(3) Commits an act of sexual penetration or sexual contact, as defined in N.J.S.2C:14-1, upon human remains.
b. A person commits a crime of the third degree if he purposely or knowingly fails to dispose of human remains in a manner required by law.
c. As used in this act, “human remains” means the body of a deceased person or the dismembered part of a body of a living person but does not include cremated remains.
d. Nothing in this section shall be construed to apply to any act performed in accordance with law, including but not limited to the “State Medical Examiner Act,” P.L.1967, c.234 (C. 52:17B-78 et al.); the “Mortuary Science Act,” P.L.1952, c.340 (C. 45:7-32 et seq.); the provisions of chapters 6 and 7 of Title 26 of the Revised Statutes concerning disposal of dead bodies and cremation; the “New Jersey Cemetery Act,” N.J.S. 8A:1-1 et seq.; a criminal investigation conducted by a law enforcement authority; or an order of a court of competent jurisdiction or other appropriate legal authority. Nothing in this section shall be construed to criminalize any good faith action involving interment or disinterment which disturbs, moves, conceals, desecrates, damages or destroys human remains.
L.2002,c.127,s.1.