Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 166.085 (2026)

Abuse of corpse in the second degree

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

      (a) Abuses a corpse; or

      (b) Disinters, removes or carries away a corpse.

      (2) Abuse of corpse in the second degree is a Class C felony.

      (3) As used in this section and ORS 166.087, “abuse of corpse” includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 §225; 1985 c.207 §2; 1993 c.294 §1]

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1990–2026 · leading case: State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023).
Sort: Relevance Newest Treatment
State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023). · cites it 95× “Defendant continued to use the bedroom where the body was located, including having sex with another woman on the bed.”
State v. Montez, 789 P.2d 1352 (Or. 1990). · cites it 2× “325) and Abuse of a Corpse (ORS 166.085). He was convicted of both crimes and sentenced.”
McClanahan v. State, 358 S.W.3d 900 (Ark. 2010). · cites it 2× “In Harelson, the court noted that "ORS 166.085(1) provides that a person commits [the offense of abuse of a corpse] if the person either (a) abuses a corpse or (b) disinters, removes, or carries away a corpse.”
State v. Harelson, 938 P.2d 763 (Or. Ct. App. 1997). · cites it 3× “055, two counts of abuse of a corpse, ORS 166.085, and two counts of tampering with physical evidence, ORS 162.”
State v. Wolfgang, 379 P.3d 759 (Yamhill Cty. Cir. Ct., O.R. 2016). “Defendant was also convicted of second-degree abuse of a corpse, ORS 166.085, and unauthorized use of a motor vehicle, ORS 164.”
State v. Gerlach, 300 P.3d 193 (Or. Ct. App. 2013). “055, and two for abuse of a corpse, ORS 166.085—the statute of limitations had expired before the prosecution commenced.”
State v. Hurtado-Navarrete, 309 P.3d 1128 (Or. Ct. App. 2013). “115, abuse of a corpse in the second degree, ORS 166.085, and unlawful use of a weapon, ORS 166.”
State v. Wayman, 568 P.3d 232 (Or. Ct. App. 2025). “115(1)(a),1 and one count of second-degree abuse of a corpse, ORS 166.085(1)(b), after an incident in which defen- dant killed his landlord’s fiancée, D, by repeatedly strik- ing her in the head with a bat.”
Aikens v. Maass, 858 P.2d 148 (Or. Ct. App. 1993). “ORS 166.085. An appeal was taken, and his convictions were affirmed from the bench.”
State v. Burda, 321 Or. App. 661 (Or. Ct. App. 2022). “205, one count of second- degree abuse of a corpse, ORS 166.085, one count of fraud- ulent use of a credit card, ORS 165.”
State v. Seay, 347 Or. App. 180 (Or. Ct. App. 2026). · cites it 3× “In 1990, when defendant was convicted, the Criminal code included a sin- gle crime of abuse of corpse, ORS 166.085 (1989), amended by Or Laws 1993, ch 294, § 1: “(1) A person commits the crime of abuse of corpse if, except as otherwise authorized by law, the person…”
— Or. Rev. Stat. § 166.085(1) — 3 cases
State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023). “Defendant continued to use the bedroom where the body was located, including having sex with another woman on the bed.”
McClanahan v. State, 358 S.W.3d 900 (Ark. 2010). “In Harelson, the court noted that "ORS 166.085(1) provides that a person commits [the offense of abuse of a corpse] if the person either (a) abuses a corpse or (b) disinters, removes, or carries away a corpse.”
State v. Harelson, 938 P.2d 763 (Or. Ct. App. 1997). “055, two counts of abuse of a corpse, ORS 166.085, and two counts of tampering with physical evidence, ORS 162.”
— Or. Rev. Stat. § 166.085(1)(a) — 1 case
State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023). “Defendant continued to use the bedroom where the body was located, including having sex with another woman on the bed.”
— Or. Rev. Stat. § 166.085(1)(b) — 1 case
State v. Wayman, 568 P.3d 232 (Or. Ct. App. 2025). “115(1)(a),1 and one count of second-degree abuse of a corpse, ORS 166.085(1)(b), after an incident in which defen- dant killed his landlord’s fiancée, D, by repeatedly strik- ing her in the head with a bat.”
— Or. Rev. Stat. § 166.085(3) — 3 cases
State v. Howard, 529 P.3d 247 (Or. Ct. App. 2023). “Defendant continued to use the bedroom where the body was located, including having sex with another woman on the bed.”
McClanahan v. State, 358 S.W.3d 900 (Ark. 2010). “In Harelson, the court noted that "ORS 166.085(1) provides that a person commits [the offense of abuse of a corpse] if the person either (a) abuses a corpse or (b) disinters, removes, or carries away a corpse.”
State v. Harelson, 938 P.2d 763 (Or. Ct. App. 1997). “055, two counts of abuse of a corpse, ORS 166.085, and two counts of tampering with physical evidence, ORS 162.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.