1. (a) This section does not apply to:

   1. (1) a person acting in the course of medical, archaeological, educational, or scientific study;
   2. (2) a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or

   3. (3) a person acting under the authority of:

      1. (i) § 10-402 of this subtitle; or
      2. (ii) § 4-215 or § 5-408 of the Health--General Article.

2. (b) A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:

   1. (1) unlawfully removed human remains; or
   2. (2) an associated funerary object obtained in violation of § 10-404 of this subtitle.
3. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
4. (d) The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.

5. (e) This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:

   1. (1) correction of improper burial siting; and
   2. (2) moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.

Formerly Art. 27, § 267A.