THE MICHIGAN PENAL CODE
Act 328 of 1931
750.160 Disinterment, mutilation, defacement, or carrying away of human body; exception.
Sec. 160.
A person, not being lawfully authorized so to do, who shall wilfully dig up, disinter, remove, or convey away a human body, or the remains thereof, from the place where the body may be interred or deposited, or who shall knowingly aid in such disinterment, removal, or conveying away, or who shall mutilate, deface, remove, or carry away a portion of the dead body of a person, whether in his charge for burial or otherwise, whenever the mutilation, defacement, removal, or carrying away is not necessary in any proper operation in embalming the body or for the purpose of a postmortem examination, and every person accessory thereto, either before or after the fact, shall be guilty of a felony, punishable by imprisonment for not more than 10 years, or by fine of not more than $5,000.00. This section shall not be construed to prohibit the digging up, disinterment, removal or carrying away for scientific purposes of the remains of prehistoric persons by representatives of established scientific institutions or societies, having the consent in writing of the owner of the land from which the remains may be disinterred, removed or carried away.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.160 ;-- Am. 1974, Act 168, Imd. Eff. June 23, 1974
FormerLaw Notes:
See section 21 of Ch. 158 of R.S. 1846, being CL 1857, § 5876; CL 1871, § 7711; How., § 9297; CL 1897, § 11710; CL 1915, § 15484; CL 1929, § 16836; Act 158 of 1879; Act 251 of 1919; and Act 256 of 1929.
Notes of Decisions
Cited in
53
cases (
24 in the last 5 years), 1981–2026 · leading case:
People v. Bass, 893 N.W.2d 140 (Mich. Ct. App. 2016).
People v. Bass, 893 N.W.2d 140 (Mich. Ct. App. 2016).
· cites it 5× “227b, and disinterment, mutilation, defacement, or carrying away of a human body (mutilation of a human body), MCL 750.160. Defendant was sentenced as a fourth-offense habitual offender, MCL 769.”
People v. Tanner, 853 N.W.2d 653 (Mich. 2014).
· cites it 3× “316, and mutilation of a dead body, MCL 750.160, in the Livingston Circuit Court.”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009).
· cites it 2× “82, in the first hypothetical and mutilation of a dead body, MCL 750.160, in the second. Alternatively, the sentencing court could consider the subsequently committed offenses and the aggravating circumstances at sentencing.”
People v. Williams, 692 N.W.2d 722 (Mich. Ct. App. 2005).
· cites it 2× “357; mutilation of a dead body, MCL 750.160; felon in possession of a firearm, MCL 750.”
People v. Orlewicz, 809 N.W.2d 194 (Mich. Ct. App. 2011).
“316(l)(b), arid mutilation of a dead body, MCL 750.160. He was sentenced to life imprisonment for each murder conviction and 50 to 120 months’ imprisonment for the mutilation conviction, all sentences to be served concurrently.”
People v. Kegler, 706 N.W.2d 744 (Mich. Ct. App. 2005).
· cites it 2× “The gratification referenced in this statute comes from watching someone suffer.”
Bass v. Spitz, 522 F. Supp. 1343 (E.D. Mich. 1981).
· cites it 2× “He contended that his “indefinite suspension” without hearing in the midst of adverse publicity deprived him of his liberty without due process of law (federal claim); he also contended that Wayne County, through Spitz and others, maliciously prosecuted him on charges of…”
People v. Burton, 441 N.W.2d 87 (Mich. Ct. App. 1989).
“424(2), and mutilation of a body, MCL 750.160; MSA 28.357. On March 10, 1988, defendant filed a motion in limine to suppress introduction of an unsigned, undated, handwritten statement by his wife, Jearleane Burton, purporting to be her will.”
Grant v. McKee, 95 F. Supp. 3d 1041 (E.D. Mich. 2015).
· cites it 2× “Before trial, the petitioner had pleaded guilty to mutilation of a dead body, Mich. Comp. Laws § 750.160 , and received a sentence of six to ten years.”
People v. Feliciano, 780 N.W.2d 254 (Mich. 2010).
“535(2)(a), and MCL 750.160. The Judgment of Sentence is to be amended accordingly.”
People of Michigan v. Loyd Sabastian Dejohn (Mich. Ct. App. 2018).
· cites it 7× “We affirm in part, but reverse in part, and vacate defendant’s conviction under MCL 750.160. Further, we remand to the trial court to amend defendant’s judgment of sentence to reflect that defendant’s conviction under MCL 750.”
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