Abuse of a corpse - penalty - repeal

(1) A person commits abuse of a corpse if, without statutory or court-ordered authority, the person: (a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106; or (b) Treats the body or remains of any person in a way that would outrage normal family sensibilities, including by: (I) Dismembering or mutilating a body; (II) Hiding or concealing a body; (III) Improperly allowing a body to decompose; (IV) Improperly disposing of a body, including by throwing the body in the trash, burning the body, or abandoning the body on public or private property; (V) Removing an organ from a body without permission, except as permitted by industry standards pursuant to article 135 of title 12; (VI) Selling a body or human remains; or (VII) Transporting or storing a body in a degrading manner, which may include the piling or stacking of human bodies: (A) In a manner that does not align with recognized industry standards and methods accepted by individuals licensed pursuant to article 135 of title 12; or (B) Without storing the bodies in proper containers. (2) (a) (I) Abuse of a corpse committed before January 1, 2027, is a class 6 felony. (II) This subsection (2)(a) is repealed, effective January 1, 2028. (b) Abuse of a corpse committed on or after January 1, 2027, is a class 5 felony. (3) (a) A defendant may not be convicted of both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), if the act arises out of a single incident. (b) If a defendant is charged with both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), the court shall proceed pursuant to section 18-1-408.