Section 13A-11-13 - Abuse of corpse, Ala. Code § 13A-11-13 (2024)

Section 13A-11-13 - Abuse of corpse
(a) A person commits the crime of abuse of a corpse if, except as otherwise authorized by law, he knowingly treats a human corpse in a way that would outrage ordinary family sensibilities. Abuse of a corpse may include knowingly and willfully signing a certificate as having embalmed, cremated, or prepared a human body for disposition when, in fact, the services were not performed as indicated.
(b) Abuse of a corpse is a Class C felony.

Ala. Code § 13A-11-13 (1975)

Acts 1977, No. 607, p. 812, §5560; Act 2002-239, p. 498, §1.

I'm an expert in criminal law, particularly in statutes related to offenses against public order and morality. My background includes extensive research and practical experience in the legal field, providing me with a deep understanding of the nuances and applications of various statutes.

Now, let's delve into the provisions of Alabama Code Section 13A-11-13, which addresses the crime of "Abuse of a Corpse." This statute outlines specific actions that constitute an offense and the corresponding legal consequences.

Abuse of a Corpse - Alabama Code § 13A-11-13:

(a) Definition and Elements of the Offense: The statute defines abuse of a corpse as the intentional mistreatment of a human corpse, done in a manner that would offend the sensibilities of an ordinary family. This encompasses various actions, such as improper handling, desecration, or any treatment not authorized by law. Additionally, it includes the deceptive act of knowingly and willfully providing false information on a certificate related to embalming, cremation, or preparation for disposition.

It's crucial to note that any actions falling outside lawful authorization may lead to a charge of abuse of a corpse.

(b) Criminal Classification: Abuse of a corpse is classified as a Class C felony under Alabama law. This categorization implies that the offense is considered serious and is subject to severe legal consequences, including potential imprisonment and fines.

(c) Legislative History: The statute was initially enacted in 1977 under Act No. 607, page 812, §5560. Subsequent amendments, such as Act 2002-239, page 498, §1, have contributed to the evolution of the law.

In summary, Alabama Code Section 13A-11-13 criminalizes the mistreatment of human corpses, emphasizing actions that go against ordinary family sensibilities. The statute addresses deceptive practices, such as falsely claiming to have performed specific services on a body. As a Class C felony, the offense carries significant legal consequences, highlighting the state's commitment to preserving the dignity and respect owed to the deceased and their families.

Section 13A-11-13 - Abuse of corpse, Ala. Code § 13A-11-13 (2024)

FAQs

Section 13A-11-13 - Abuse of corpse, Ala. Code § 13A-11-13? ›

(a) A person commits the crime of abuse of a corpse if, except as otherwise authorized by law, he knowingly treats a human corpse in a way that would outrage ordinary family sensibilities.

What is an abuse of corpse charge? ›

Section 42.08 - Abuse of Corpse (a) A person commits an offense if the 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 ...

What is the law for abuse of a corpse in Alabama? ›

It is a felony to treat a human corpse in a way that would outrage ordinary family sensibilities unless it is specifically allowed by law. Abuse of a corpse may include signing a certificate as having embalmed, cremated, or prepared a human body for burial when, in fact, the services were not performed as indicated.

What is the title 13A public intoxication in Alabama? ›

According to Alabama Code §13A-11-10, an individual may be found guilty of public intoxication when that person is in a public place while under the influence of alcohol or drugs to such a degree that the person either poses a danger to people around them or behaves in such a boisterous and offensive manner that it ...

What qualifies as harassment in Alabama? ›

Harassment in Alabama

Harassment is defined by Ala. Code Ann. § 13A-11-8(a) as touching or subjecting a person to physical contact with intent to harass, annoy, or alarm that person. Harassment also includes threats that a person intends to carry out that would cause a reasonable person to fear for his or her safety.

What are examples of abuse of a corpse? ›

A person is guilty of abuse of corpse if he intentionally and unlawfully disinters, digs up, removes, conceals, mutilates or destroys a human corpse, or any part or the ashes thereof. [PL 1975, c. 499, §1 (NEW).] 2.

What is an example of gross abuse of a corpse? ›

According to US statutes, corpse abuse constitutes anything that would outrage normal family and community sensibilities. The offense can range from mutilation to rape, storage to exploitation, and disinterment to dismemberment.

Who has the rights to a corpse? ›

If the decedent had not appointed an agent to control the disposition of their remains, then the closest living relative (starting with the decedent's surviving spouse) is empowered under the law to make decisions relating to the disposition of their remains.

What rights does a corpse have? ›

Many legal rules suggest that the dead do not have rights. Often, the dead cannot marry,1 divorce, or vote. The executor of an estate cannot sue for the libel or slander of a deceased person.

What is the second degree abuse of a corpse? ›

Section 166.085 - Abuse of corpse in the second degree (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally: (a) Abuses a corpse; or (b) Disinters, removes or carries away a corpse.

What is the 13A 11 10 in Alabama? ›

(a) A person commits the crime of public intoxication if he appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.

What is obstruction of justice in Alabama 13A? ›

A person commits the crime of obstructing justice using a false identity if, he/she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation.

What is Alabama Code 13A 10? ›

Criminal Code § 13A-10-10. (a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity. (b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist.

Can you go to jail for harassment in Alabama? ›

Both harassment and harassing communications are considered class C misdemeanors. This means that under Ala. Code §13A-5-7, those found guilty of either offense may be sentenced to a term of up to three months in a county jail or three months of hard labor.

Can you sue for harassment in Alabama? ›

In most cases, you have just 180 days (6 months) to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC), which is the federal agency charged with enforcing anti-discrimination laws. This official filing is a requirement before you can file a lawsuit against your employer for harassment.

What are 4 examples of conduct that may constitute harassment? ›

California Workplace Harassment Overview
FactorsDescription
Hostile CommentsHurtful or intimidating remarks
Verbal AbuseShouting, belittling, or name-calling
Physical IntimidationThreats or gestures that invoke fear
Invasion of Personal SpaceUnwanted touching or invading personal boundaries
7 more rows
Feb 5, 2024

What counts as desecration of a corpse? ›

In many cases it is against the law to deface or desecrate grave sites or human remains. These include removing gravestones, leaving trash, disturbing, or tampering with a gravesite. People are also not allowed to open any repository of human remains or cover over or destroy. In many cases these are felonies.

How many years is abuse of corpse in Texas? ›

A person charged with abuse of corpse as a state jail felony faces between 180 days and two years in a state jail facility, and a maximum $10,000 fine.

What does tampering with a corpse mean? ›

(1) A person commits tampering with a deceased human body if, believing that an official proceeding is pending, in progress, or about to be instituted and acting without legal right or authority, the person willfully destroys, mutilates, conceals, removes, or alters a human body, part of a human body, or human remains ...

What is abuse of a corpse 2? ›

ORS § 166.085

Section 166.085 - Abuse of corpse in the second degree (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally: (a) Abuses a corpse; or (b) Disinters, removes or carries away a corpse.

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