1. (1) A person is guilty of a felony if that person engages in sexual contact with human remains.

2. (2) As used in this section:

   1. (a) "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and
   2. (b) "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.
3. (3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.

4. (4) Nothing in this section shall be construed to criminalize:

   1. (a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;
   2. (b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;
   3. (c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or
   4. (d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.

[18-6603, added 2022, ch. 124, sec. 7, p. 438.]