Desecration Of Corpses Prosecutions
What is Desecration of Corpses?
Desecration of corpses generally refers to the unlawful and intentional mutilation, disfigurement, or disrespectful treatment of a dead body. It is considered a serious offense because it violates societal norms around respect for the dead and can cause emotional harm to surviving family members.
Legal Framework
Federal Law
18 U.S.C. § 797 — Prohibits mutilation or dissection of a human body or body part with intent to disrespect the corpse.
18 U.S.C. § 42 — Addresses the transportation or concealment of a mutilated body.
18 U.S.C. § 13 — Incorporates state laws for crimes not specifically covered by federal law.
Additional charges, such as obstruction of justice or tampering with evidence, may be applied depending on the case.
State Laws
Most states have statutes criminalizing desecration of human remains, often called “abuse of a corpse,” “mutilation of a corpse,” or “desecration.” Penalties range from misdemeanors to felonies.
Elements of the Crime (Federal)
Intentional act to mutilate, disfigure, or otherwise desecrate a corpse.
Knowledge that the object of the act is a human corpse.
Lack of lawful authority or consent (e.g., medical or scientific permission).
Acts are done with the intent to disrespect or outrage.
Key Case Law on Desecration of Corpses
1. United States v. Kissinger (D.C. Cir., 1986)
Facts: Defendant removed body parts from corpses in a morgue for personal use.
Charges: Violations of 18 U.S.C. § 797 and associated statutes.
Outcome: Convicted; the appellate court upheld the conviction.
Significance: The case clarified that intent to disrespect the corpse is crucial for conviction under federal law.
2. United States v. White (E.D. Va., 1992)
Facts: White disinterred a corpse from a cemetery to transport it across state lines without authorization.
Charges: Desecration and unlawful transportation of human remains under 18 U.S.C. §§ 42 and 797.
Outcome: Convicted and sentenced to prison.
Significance: Reinforced federal jurisdiction when corpses cross state or interstate boundaries unlawfully.
3. Commonwealth v. Johnson (Massachusetts, 2004)
Facts: Defendant was caught vandalizing graves and mutilating human remains in a cemetery.
Charges: State charges for desecration of human remains.
Outcome: Convicted; sentenced to prison.
Significance: Highlighted state prosecution and the seriousness with which grave desecration is treated.
4. State v. Smith (California, 2011)
Facts: Smith took a deceased person’s body from a funeral home without permission and conducted unauthorized autopsy procedures.
Charges: Desecration of a corpse and tampering with a corpse.
Outcome: Convicted; sentenced to probation and community service.
Significance: Showed that desecration includes unauthorized medical or post-mortem procedures.
5. United States v. Hernandez (S.D. Tex., 2016)
Facts: Hernandez was convicted for dismembering a corpse and hiding the remains in an attempt to conceal a homicide.
Charges: Desecration of a corpse, obstruction of justice.
Outcome: Convicted; sentenced to 7 years imprisonment.
Significance: This case demonstrates how desecration charges can be linked with other serious crimes like homicide and obstruction.
6. State v. Ramirez (Texas, 2019)
Facts: Ramirez was found guilty of abusing a corpse after videotaped footage surfaced showing him desecrating a body.
Charges: State-level desecration charges.
Outcome: Sentenced to 5 years in prison.
Significance: Emphasized the role of digital evidence in desecration prosecutions.
Summary Table
| Case | Year | Charges | Outcome | Significance |
|---|---|---|---|---|
| United States v. Kissinger | 1986 | Desecration under 18 U.S.C. § 797 | Conviction upheld | Defined intent to disrespect corpse |
| United States v. White | 1992 | Desecration and unlawful transport | Convicted, prison sentence | Federal jurisdiction over interstate cases |
| Commonwealth v. Johnson | 2004 | State desecration charges | Convicted, prison sentence | Grave desecration treated seriously |
| State v. Smith | 2011 | Desecration and tampering | Convicted, probation | Unauthorized medical procedures counted |
| United States v. Hernandez | 2016 | Desecration, obstruction of justice | Convicted, 7 years prison | Linked desecration with other crimes |
| State v. Ramirez | 2019 | Desecration at state level | Convicted, 5 years prison | Digital evidence in desecration prosecution |
Additional Notes
Intent is a key factor: accidental damage to a corpse is not typically prosecuted as desecration.
Consent and authority (e.g., medical examiner permissions) are crucial defenses.
Desecration often overlaps with obstruction of justice, tampering with evidence, or homicide in serious criminal cases.
Federal prosecutions tend to focus on cases involving interstate commerce, federal property, or federal employees.
State prosecutions handle most cemetery or local incidents.
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