What is abuse of a corpse

At that time, abuse of a corpse was a Class A misdemeanor. As a result, prosecutors added a felony theft charge alleging the funeral home operator took money through a fraudulent promise to deliver a human corpse for proper burial and cremation.

The theft case was overturned on appeal and the accused was acquitted on that charge. Surprised that the funeral owners did not face more severe punishment, family members of the deceased turned to lawmakers. During the 85 th legislative session, they passed a law that boosted the penalties for abusing a dead body from a misdemeanor to a felony.

Under Texas law, a person who disturbs or damages a human corpse is subject to prosecution. It is also a criminal offense to conceal a body knowing it will be illegally buried or to buy or sell a human corpse. It is even a felony to treat a corpse in an offensive manner.

That broad definition may not make it past constitutional scrutiny, but it is the law for now. According to Section Unlike time served in the county jail or prison, state jail sentences must be served day for day. Senate Bill was sponsored by Sen. B No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.

C Whoever violates division A of this section is guilty of abuse of a corpse, a misdemeanor of the second degree. Whoever violates division B of this section is guilty of gross abuse of a corpse, a felony of the fifth degree. Eff The effective date is set by section 6 of SB 2. It covers conduct formerly prohibited by specific prohibitions against grave robbing and unlawful dissection of a corpse.

It also includes other kinds of conduct, such as copulating with or otherwise mistreating a corpse. The section does not include conduct authorized by law, such as a mandatory autopsy or the exhumation of a dead body on court order. Abuse of a corpse is a misdemeanor of the second degree.

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