§ 76-5-802 — Abuse or desecration of a dead human body.

Utah § 76-5-802

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-5: Offenses Against the Individual
• Part 76-5-8: Offenses Committed Against the Deceased

Text

(1) (1)(a) As used in this section, "sexual penetration" means the 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 a dead human body.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-5-801 apply to this section.
(2) An actor commits abuse or desecration of a dead human body if the actor intentionally and unlawfully:
(2)(a) disturbs, moves, removes, conceals, or destroys a dead human body or any part of the dead human body;
(2)(b) disinters a buried or otherwise interred dead human body, without authority of a court order;
(2)(c) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or
(2)(d) 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.
(3) A violation of Subsection (2) is a third degree felony.
(4) An actor does not violate this section if when the actor directs or carries out procedures regarding a dead human body, the actor complies with:
(4)(a) Title 9, Chapter 8a, Part 3, Antiquities;
(4)(b) Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
(4)(c) Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
(4)(d) Section 53H-4-203;
(4)(e) Title 58, Chapter 9, Funeral Services Licensing Act; or
(4)(f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.
(5) For purposes of this section, a dead human body includes any part of a human body in any stage of decomposition, including ancient human remains.

Legislative History

Amended by Chapter 9, 2025 Special Session 1