Utah Code » Title 76, Chapter 5 — Offenses Against the Individual; part 76-5-8 — Offenses Committed Against the Deceased
Utah Code

Utah Code § 76-5-802 (2026)

Abuse or desecration of a dead human body

✓ current as of May 2026
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As used in this section, "sexual penetration" means the penetration, however slight, of the genital or anal opening by any object, substance, instrument, or device, including a part of the human body, or penetration involving the genitals of the actor and the mouth of a dead human body.
Terms defined in Sections 76-1-101.5 and 76-5-801 apply to this section.
An actor commits abuse or desecration of a dead human body if the actor intentionally and unlawfully:
disturbs, moves, removes, conceals, or destroys a dead human body or any part of the dead human body;
disinters a buried or otherwise interred dead human body, without authority of a court order;
dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or
commits or attempts to commit upon any dead human body any act of sexual penetration, regardless of the sex of the actor and of the dead human body.
A violation of Subsection (2) is a third degree felony.
An actor does not violate this section if when the actor directs or carries out procedures regarding a dead human body, the actor complies with:
Title 9, Chapter 8a, Part 3, Antiquities;
Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;
Section 53H-4-203;
Title 58, Chapter 9, Funeral Services Licensing Act; or
Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to practice medicine.
For purposes of this section, a dead human body includes any part of a human body in any stage of decomposition, including ancient human remains.
Notes of Decisions
Cited in 13 cases, 2000–2016 · leading case: State v. Lebeau, 2014 UT 39 (Utah 2014).
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State v. Lebeau, 2014 UT 39 (Utah 2014). · cites it 19× “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
State v. Bryant, 2012 UT App 264 (Utah Ct. App. 2012). · cites it 8× “It was not until 2007 that Utah Code section 76-5-802 was amended to provide for a sentence of life without parole "if the trier of fact finds that during the course of the commission of the aggravated kidnapping the defendant caused serious bodily injury to another.”
State v. Jaramillo, 2016 UT App 70 (Utah Ct. App. 2016). · cites it 5× “§ 76-5-802 (LexisNexis Supp. 2018). ANALYSIS I.”
State v. Wach, 2001 UT 35 (Utah 2001). · cites it 2× “RUSSON, Associate Chief Justice: T1 Defendant Paul Michael Wach ("Wach") appeals from convictions of aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-802 (1999), and assault, a class A misdemeanor, in- violation of Utah Code Ann.”
State v. Hawatmeh, 2001 UT 51 (Utah 2001). · cites it 4× “Under section 76-5-802 of the Utah Code, "A person commits aggravated kidnaping if the person intentionally or knowingly, without authority of law and against the will of the victim, by any means and in any manner, seizes, confines, detains, or transports the victim .”
State v. Finlayson, 2014 UT App 282 (Utah Ct. App. 2014). · cites it 3× “" See Utah Code Ann. § 76-5-802 (1)(b)(@i), (iv) (LexisNexis Supp.”
State v. Lebeau, 2012 UT App 235 (Utah Ct. App. 2012). · cites it 3× “See Utah Code Ann. § 76-5-802 (4). 131 As an initial matter, the State argues that we should not consider this issue because Defendant failed to preserve it.”
State v. Ellis, 2014 UT App 185 (Utah Ct. App. 2014). · cites it 2× “" See Utah Code Ann. § 76-5-802 (1)(a), (1)(b)(iv) (LexisNexis Supp.”
State v. Sanchez, 2015 UT App 27 (Utah Ct. App. 2015). · cites it 2× “See Utah Code Ann. § 76-5-802 (LexisNexis Supp.”
State v. Kataria, 2014 UT App 236 (Utah Ct. App. 2014). “§ 76-5-802 (Supp.2018). We affirm in part and reverse in part.”
State v. Poundstone, 2011 UT App 341 (Utah Ct. App. 2011). · cites it 2× “See Utah Code Ann. § 76-5-802 (1)(b) (2008). The factual basis provided in the plea affidavit, however, states that Poundstone acted "with intent to inflict bodily injury .”
State v. Pierson, 12 P.3d 103 (Utah Ct. App. 2000). “§ 76-5-802(8). The trial court evaluated defendant's age and his rehabilitative needs and accepted all letters in support of defendant in sentencing.”
Show all 13 citing cases →
— Utah Code § 76-5-802(1)(b) — 2 cases
State v. Hawatmeh, 2001 UT 51 (Utah 2001). “Under section 76-5-802 of the Utah Code, "A person commits aggravated kidnaping if the person intentionally or knowingly, without authority of law and against the will of the victim, by any means and in any manner, seizes, confines, detains, or transports the victim .”
State v. Jaramillo, 2016 UT App 70 (Utah Ct. App. 2016). “§ 76-5-802 (LexisNexis Supp. 2018). ANALYSIS I.”
— Utah Code § 76-5-802(4) — 2 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
State v. Jaramillo, 2016 UT App 70 (Utah Ct. App. 2016). “§ 76-5-802 (LexisNexis Supp. 2018). ANALYSIS I.”
— Utah Code § 76-5-802(5) — 1 case
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
— Utah Code § 76-5-802(8) — 2 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
State v. Pierson, 12 P.3d 103 (Utah Ct. App. 2000). “§ 76-5-802(8). The trial court evaluated defendant's age and his rehabilitative needs and accepted all letters in support of defendant in sentencing.”
— Utah Code § 76-5-802(8)(a) — 1 case
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
— Utah Code § 76-5-802(8)(b) — 2 cases
State v. Lebeau, 2014 UT 39 (Utah 2014). “LeBeau's conviction for aggravated kidnapping pursuant to Utah Code section 76-5-802. Mr. LeBeau's conviction stems from a domestic dispute triggered by Mr.”
State v. Lebeau, 2012 UT App 235 (Utah Ct. App. 2012). “See Utah Code Ann. § 76-5-802 (4). 131 As an initial matter, the State argues that we should not consider this issue because Defendant failed to preserve it.”
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