Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Abuse of Corpse

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.

Severity of Crime

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