§711-1108 Abuse of a corpse. (1) A person commits the offense of abuse of a corpse if, except as authorized by law, the person treats a human corpse in a way that the person knows would outrage ordinary family sensibilities.
(2) The preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.
(3) The burial or cremation of a corpse prepared consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.
(4) Abuse of a corpse is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993; am L 2015, c 171, §2]
COMMENTARY ON §711-1108
This section prohibits any sort of outrageous treatment of a human corpse, including sexual contact (necrophilia) and physical abuse. It does not, of course, relate to legally authorized activities of undertakers and physicians. Knowledge that ordinary family sensibilities would be outraged must be proved.
Previous Hawaii law prohibited the disinterment, disturbance, or scattering of any human body that has been legally interred.1 Section 711-1108 is more comprehensive in coverage.
__________
§711-1108 Commentary:
1. H.R.S. §734-3.
SUPPLEMENTAL COMMENTARY ON §711-1108
Act 171, Session Laws 2015, amended this section to recognize and support traditional Hawaiian burial or cremation practices by clarifying that the preparation, burial, or cremation of a corpse in a manner consistent with Hawaiian cultural customs and practices is not a violation of the Penal Code's prohibition of abuse of a corpse. The legislature found that Act 171 was necessary to address confusion about whether the use of traditional Hawaiian customs and practices to prepare human remains for burial or cremation and the burial or cremation of a corpse prepared consistent with those customs and practices violate the law. Senate Standing Committee Report No. 339, House Standing Committee Report No. 1383.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.