Sec. 1. 17-A MRSA §508, sub-§1, as enacted by PL 1975, c. 499, §1, is repealed and the following enacted in its place:

1.__A person is guilty of abuse of corpse if, except as authorized by law, that person:

A.__Intentionally disinters, digs up, removes, conceals, mutilates or destroys a human corpse, or any part or the ashes of a human corpse; or

B.__Treats a human corpse, or any part or the ashes of a human corpse, in a way that the person knows would outrage reasonable sensibilities of the family of the deceased or reasonable community sensibilities.

Sec. 2. 17-A MRSA §508, sub-§2, as enacted by PL 1975, c. 499, §1, is repealed.

SUMMARY

This bill amends the laws governing the crime of abuse of corpse. It criminalizes conduct relative to a corpse that would outrage reasonable family sensibilities if the actor is aware that the actor's conduct would outrage any reasonable family member of the deceased. It also criminalizes conduct relative to a corpse that would outrage reasonable community sensibilities if the actor is aware that the actor's conduct would outrage any reasonable community member despite the lack of a personal relationship with the deceased.

The bill replaces the current defense provision with a more generalized provision for a person who is acting as authorized by law.