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§ 10-403. Removal of human remains or funerary object

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 10. Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 4. Crimes Relating to Human Remains
MD Code, Criminal Law, § 10-403
Formerly cited as MD CODE Art. 27, § 267A
§ 10-403. Removal of human remains or funerary object
Currentness
Scope of section
(a) This section does not apply to:
(1) a person acting in the course of medical, archaeological, educational, or scientific study;
(2) a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or
(3) a person acting under the authority of:
(i) § 10-402 of this subtitle; or
(ii) § 4-215 or § 5-408 of the Health--General Article.
Prohibited
(b) A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:
(1) unlawfully removed human remains; or
(2) an associated funerary object obtained in violation of § 10-404 of this subtitle.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
Appropriation and disposition
(d) The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.
Construction of section
(e) This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:
(1) correction of improper burial siting; and
(2) moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.
Formerly Art. 27, § 267A.
MD Code, Criminal Law, § 10-403, MD CRIM LAW § 10-403
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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