Are you performing the dark art of necromancy? Perhaps you have an insatiable love for the dead and enjoy necrophilia? Or maybe you're trying to become a real life Dr. Frankenstein.
Whatever the case, you should know that you can be charged with abuse of a corpse. It can be a serious violation. So we're going to share a little about what happens when you do horrible things to a human corpse.
Before we begin, I'd like to let you know that I am not a lawyer and nothing on this website should count as legal advice. This is for informational purposes only. please seek legal advice if you were charged with a crime.
P.S. Don't share pictures of yourself on social media with bodies. I can't imagine anyone liking that.
What is abuse of a corpse?
An abuse of a corpse charge is prosecuted as a felony in many states when a person digs up, mutilates, or destroys a human corpse without legal authority. The exact laws vary from state to state but some we'll share some examples in the sections below.
Maine: Criminal Code Abuse Of Corpse Charge
A person is guilty of abuse of corpse if he intentionally and unlawfully disinters, digs up, removes, conceals, mutilates or destroys a human corpse, or any part or the ashes thereof.
It is a defense to prosecution under this section that the actor was a physician, scientist or student who had in his possession, or used human bodies or parts thereof lawfully obtained, for anatomical, physiological or other scientific investigation or instruction.
Abuse of corpse is a Class D crime.
Oregon: Revised Statutes Abuse Of A Corpse Meaning
A person commits the crime of abuse of corpse in the first degree if the person:
Engages in sexual activity with a corpse or involving a corpse; or
Dismembers, mutilates, cuts or strikes a corpse.
Abuse of corpse in the first degree is a Class B felony.
Abuse of Corpse Texas
You can find the text for the abuse of a corpse Texas penal code below:
(a) A person commits an offense if the person, without legal authority, knowingly:
(1) disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse;
(2) conceals a human corpse knowing it to be illegally disinterred;
(3) sells or buys a human corpse or in any way traffics in a human corpse;
(4) transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or
(5) vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.
(b) An offense under this section is a state jail felony, except that an offense under Subsection (a)(5) is a Class A misdemeanor.
(c) In this section, “human corpse” includes:
(1) any portion of a human corpse;
(2) the cremated remains of a human corpse; or
(3) any portion of the cremated remains of a human corpse.
(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.
(e) It is a defense to prosecution under this section that the actor:
(1) as a member or agent of a cemetery organization, removed or damaged anything that had been placed in or on any portion of the organization's cemetery in violation of the rules of the organization; or
(2) removed anything:
(A) placed in the cemetery in violation of the rules of the cemetery organization; or
(B) placed in the cemetery by or with the cemetery organization's consent but that, in the organization's judgment, had become wrecked, unsightly, or dilapidated.
(f) In this section, “cemetery” and “cemetery organization” have the meanings assigned by Section 711.001, Health and Safety Code.
FAQ
Is abuse of a corpse a felony?
Yes in many states the abuse of a corpse sentence will come with a felony and prison time, but a good lawyer may be able to reduce it down to a misdemeanor, jail time, and a fine. Don't expect special treatment if you did something particularly disgusting like making a skin suit.
What is the penalty when a person commits abuse of a corpse?
According to Van Severen Law Office the maximum sentence for felony abuse of a corpse is 12 years and $25,000 in the state of Wisconsin (Home of Ed Gein and Jeffrey Dahmer so they take it seriously).
Most states abuse of a corpse will be a felony, but some situations may be considered a misdemeanor or dropped down to a less serious charge like disorderly conduct (it's a catch all for when the courts don't want to let you go without some kind of punishment).
In other words, the law takes it seriously if you treat a human corpse in an offensive manner without the authorized privilege to use a corpse.
What is necromancy?
Necromancy is a type of black magic that raises the dead and has them do your will. While there are no known recent occurrences, I can only imagine necromancy would be considered an illegally disinterred body and carries a criminal offense.
What is necrophilia?
Necrophilia is having sexual activity with dead people. This charge is most commonly used on morticians, but anyone who is found having sex with a dead person could be under arrest for this offense.
