Abuse of Corpse
Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.
“Abuse of Corpse”, as per § 42.08 of the Texas Penal Code, occurs when a person, without legal authority, knowingly:
1. disinters, disturbs, damages, dissects, in whole or in part, carries away, or treats in an offensive manner a human corpse;
2. conceals a human corpse knowing it to be illegally disinterred;
3. sells or buys a human corpse or in any way traffics in a human corpse;
4. transmits or conveys, or procures to be transmitted or conveyed, a human corpse to a place outside the state; or
5. vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest.
An offense under this section is a state jail felony, except that an offense under Subsection 5) is a Class A misdemeanor.
In this section, "human corpse" includes:
- any portion of a human corpse;
- the cremated remains of a human corpse; or
- any portion of the cremated remains of a human corpse.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000