California Health and Safety Code Section 7052

CA Health & Safety Code § 7052 (2017)  

(a) Every person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with, any remains known to be human, without authority of law, is guilty of a felony. This section does not apply to any person who, under authority of law, removes the remains for reinterment, or performs a cremation.

(b) For purposes of this section, the following definitions apply:

(1) “Sexual penetration” means the unlawful penetration of the vagina or anus, however slight, by any part of a person’s body or other object, or any act of sexual contact between the sex organs of a person and the mouth or anus of a dead body, or any oral copulation of a dead human body for the purpose of sexual arousal, gratification, or abuse.

(2) “Sexual contact” means any willful touching by a person of an intimate part of a dead human body for the purpose of sexual arousal, gratification, or abuse.

(c) This section shall remain in effect only until July 1, 2020, and as of that date is repealed.

(Amended by Stats. 2017, Ch. 846, Sec. 52. (AB 967) Effective January 1, 2018. Repealed as of July 1, 2020, by its own provisions. See later operative version added by Stats. 2017, Ch. 846.)

Last modified: October 25, 2018