Florida Statutes

Fla. Stat. § 872.06 (2025)

Abuse of a dead human body; penalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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872.06 Abuse of a dead human body; penalty.—

(1) As used in this section, the term:

(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(b) “Sexual abuse” means:

1. Anal or female genital penetration of a dead human body by the sexual organ of a person or by any other object;

2. Contact or union of the penis, female genitals, or anus of a person with the mouth, penis, female genitals, or anus of a dead human body; or

3. Contact or union of a person’s mouth with the penis, female genitals, or anus of a dead human body.

(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.

History.—s. 1, ch. 96-393; s. 11, ch. 2022-165.

Arrestable Offenses under F.S. 872.06

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§872.06(2)CRIMES AGAINST PERSONABUSE DEAD HUMAN BODYF · 2nd

§872.06CRIMES AGAINST PERSONRENUMBERED. SEE REC # 9774F · 2nd

Notes of Decisions

Cited in 3 cases, 1996–2019 · leading case: Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 685 So. 2d 1213 (Fla. 1996).

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Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 685 So. 2d 1213 (Fla. 1996). · cites it 2× “That exception applies to offenses committed on or after October 1, 1996 pursuant to section 872.06, Florida Statutes or section 911.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-13., 272 So. 3d 1210 (Fla. 2019). · cites it 2× “, or § 872.06, Fla. Stat. *1223 Did the State prove beyond a reasonable doubt there was sexual penetration between (victim) and (defendant) during the commission of the (name of crime [or relevant lesser-included offenses])? Yes No Did the State prove beyond a reasonable doubt…”

Lewis v. State, 898 So. 2d 1081 (Fla. 4th DCA 2005). · cites it 2× “0021(7) also exempts the assessment of victim injury points for violations of section 872.06, Florida Statutes. § 921.0021(7)(d), Fla.”

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