Utah Code 76-9-704. Abuse or desecration of a dead human body — Penalties
Current as of: 2024 | Check for updates
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(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 9-8a-302.
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 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5(2) A person is guilty of abuse or desecration of a dead human body if the person intentionally and unlawfully:(2)(a) fails to report the finding of a dead human body to a local law enforcement agency;(2)(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;(2)(c) disinters a buried or otherwise interred dead human body, without authority of a court order;(2)(d) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or(2)(e)(2)(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(2)(e)(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:(3)(f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.(4)(4)(a) Failure to report the finding of a dead human body as required under Subsection (2)(a) is a class B misdemeanor.(4)(b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through (e) is a third degree felony.