1. (1)

   1. (a) As used in this section, "sexual penetration" means the penetration, however slight, of the genital or anal opening by any object, substance, instrument, or device, including a part of the human body, or penetration involving the genitals of the actor and the mouth of a dead human body.
   2. (b) Terms defined in Sections 76-1-101.5 and 76-5-801 apply to this section.

2. (2) An actor commits abuse or desecration of a dead human body if the actor intentionally and unlawfully:

   1. (a) disturbs, moves, removes, conceals, or destroys a dead human body or any part of the dead human body;
   2. (b) disinters a buried or otherwise interred dead human body, without authority of a court order;
   3. (c) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or
   4. (d) commits or attempts to commit upon any dead human body any act of sexual penetration, regardless of the sex of the actor and of the dead human body.
3. (3) A violation of Subsection (2) is a third degree felony.

4. (4) An actor does not violate this section if when the actor directs or carries out procedures regarding a dead human body, the actor complies with:

   1. (a) Title 9, Chapter 8a, Part 3, Antiquities;
   2. (b) Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
   3. (c) Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
   4. (d) Section 53H-4-203;
   5. (e) Title 58, Chapter 9, Funeral Services Licensing Act; or
   6. (f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.
5. (5) For purposes of this section, a dead human body includes any part of a human body in any stage of decomposition, including ancient human remains.

Amended by Chapter 9, 2025 Special Session 1