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

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