Idaho Code
Idaho Code § 18-6603 (2026)
sexual abuse of human remains.
✓ current as of May 2026
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sexual abuse of human remains.
(1) A person is guilty of a felony if that person engages in sexual contact with human remains.
(2) As used in this section:
(a) "Human remains" means a deceased human body or any portion of a deceased human body in any condition or state of decomposition; and
(b) "Sexual contact" means any act committed between a person and human remains for the purpose of sexual arousal, sexual gratification, abuse, or financial gain involving genital-genital, oral-genital, anal-genital, oral-anal, manual-genital, or manual-anal contact between a person and human remains or penetration of the genitals or anus with an object, instrument, or device.
(3) Any person who violates this section may be punished by imprisonment in the state prison for a term not to exceed five (5) years.
(4) Nothing in this section shall be construed to criminalize:
(a) Generally accepted dental, nursing, or medical practices in compliance with chapter 9, chapter 18, or chapter 14, title 54, Idaho Code;
(b) Generally accepted organ donation or anatomical gift practices in compliance with chapter 34, title 39, Idaho Code;
(c) Generally accepted mortuary or funerary practices, including but not limited to embalming in compliance with chapter 11, title 54, Idaho Code; or
(d) Generally accepted investigative practices by coroners, medical examiners, pathologists, or the like.
Notes of Decisions
Cited in 6
cases, 1976–2013 · leading case: Planned Parenthood of Idaho, Inc. v. Wasden, 376 F. Supp. 2d 1012 (D. Idaho 2005).
Planned Parenthood of Idaho, Inc. v. Wasden, 376 F. Supp. 2d 1012 (D. Idaho 2005). “§ 18-6101, and the fornication provisions of I.C. § 18-6603. Thus, a minor seeking a bypass would be compelled to expose her sexual partner to criminal sanctions.”
State v. Stiffler, 763 P.2d 308 (Idaho Ct. App. 1988). “I.C. § 18-6603. See generally State v. Guest, 583 P.”
Owens v. State, 724 A.2d 43 (Md. 1999). “§ 16-6-18 (1996); Idaho Code § 18-6603 (1987); Ill.Ann.Stat.”
State v. Bolton, 810 P.2d 1132 (Idaho Ct. App. 1991). “§ 18-903, and fornication, I.C. § 18-6603. The trial court is required to instruct the jury on a lesser included offense if there is a reasonable view of the evidence presented in the case that would support a finding that the defendant committed the lesser included offense, but…”
State v. Herr, 554 P.2d 961 (Idaho 1976). “Fornication — Any unmarried person who shall have sexual intercourse with an unmarried person of the opposite sex shall be deemed guilty of fornication, and, upon conviction thereof, shall be punished by a fine of not more than $300 or by imprisonment for not more than six…”
State v. Gaytan aka Gayton (Idaho Ct. App. 2013). “§ 18-4116; that the two people were unmarried as is necessary for violation of the fornication statute, I.C. § 18-6603; that their ages were such that statutory rape or lewd conduct could be occurring, I.”
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