§ 32-1364 — Crimes against the dead; classification

A. It is unlawful for a person, without the authority of law or as normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry, to mutilate a dead human body.

B. It is unlawful for a person, without the authority of law, to disinter or remove a dead human body or any part of a dead human body from its sepulcher, grave or other interment site, or from the place where the body is awaiting disposition, with malice or wantonness or with the intent to sell or dissect the body.

C. It is unlawful for a person, without the authority of law, to obtain or convert property that is located with or affixed to a dead human body or any part of a dead human body with the intent to deprive the decedent or the decedent's estate of the property.

D. It is unlawful for a person to engage in necrophilia. A person engages in necrophilia by:

1. Having sexual intercourse with a dead human body.

2. Having sexual contact with a dead human body, other than the contact normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry.

E. For the purposes of subsection D:

1. "Sexual contact" means any direct or indirect touching, including oral contact, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object.

2. "Sexual intercourse" means penetration into the vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

F. A person who violates this section is guilty of a class 4 felony.