SB 707
Relating to crimes involving abuse or desecration of human remains
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates new criminal offenses in West Virginia related to the abuse or desecration of deceased human bodies and cremated remains. It defines these terms and establishes penalties ranging from one to five years in prison or fines up to $5,000 for basic offenses, and two to ten years in prison or fines up to $10,000 for aggravated offenses. The bill also outlines exemptions for law enforcement, medical professionals, and authorized funeral arrangements, and specifies where prosecutions can occur.
Key provisions
- Defines ‘cremated human remains’ and ‘deceased human body’ for legal purposes.
- Criminalizes the intentional mutilation, removal, or disrespectful treatment of deceased bodies or remains.
- Creates a separate, more serious offense of ‘aggravated abuse or desecration’ involving concealment, obstruction, or connection to felonies.
- Establishes penalties of up to five years imprisonment or a $5,000 fine for basic offenses and up to ten years imprisonment or a $10,000 fine for aggravated offenses.
- Specifies that prosecutions can occur in the county where the offense occurred or where the remains were discovered.
- Includes exemptions for law enforcement, medical professionals, funeral industry workers, and organ procurement organizations.
- Addresses cremated remains specifically, criminalizing their unauthorized disposal or exploitation.
- Clarifies that the bill does not apply to lawful disposition or ceremonial scattering with consent.
Who is affected
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