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Section 704 - Abuse or desecration of a dead human body -- Penalties.

UT Code § 76-9-704 (2019) (N/A)
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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 9-8-302.

(2) A person is guilty of abuse or desecration of a dead human body if the person intentionally and unlawfully: (a) fails to report the finding of a dead human body to a local law enforcement agency; (b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it; (c) disinters a buried or otherwise interred dead human body, without authority of a court order; (d) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or (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 (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.

(a) fails to report the finding of a dead human body to a local law enforcement agency;

(b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of it;

(c) disinters a buried or otherwise interred dead human body, without authority of a court order;

(d) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or

(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 (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.

(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

(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: (a)Title 9, Chapter 8, Part 3, Antiquities; (b)Title 26, Chapter 4, Utah Medical Examiner Act; (c)Title 26, Chapter 28, Revised Uniform Anatomical Gift Act; (d)Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes; (e)Title 58, Chapter 9, Funeral Services Licensing Act; or (f)Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.

(a)Title 9, Chapter 8, Part 3, Antiquities;

(b)Title 26, Chapter 4, Utah Medical Examiner Act;

(c)Title 26, Chapter 28, Revised Uniform Anatomical Gift Act;

(d)Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;

(e)Title 58, Chapter 9, Funeral Services Licensing Act; or

(f)Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.

(4) (a) Failure to report the finding of a dead human body as required under Subsection (2)(a) is a class B misdemeanor. (b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through (e) is a third degree felony.

(a) Failure to report the finding of a dead human body as required under Subsection (2)(a) is a class B misdemeanor.

(b) Abuse or desecration of a dead human body as described in Subsections (2)(b) through (e) is a third degree felony.

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Section 704 - Abuse or desecration of a dead human body -- Penalties.