This bill proposes the addition of a new section, 61-8-14a, to the Code of West Virginia, addressing crimes related to the abuse or desecration of human remains. It defines key terms such as "cremated human remains," "deceased human body," and outlines what constitutes "desecrate" or "abuse." The bill establishes two criminal offenses: the base offense of abusing or desecrating a deceased human body, which is classified as a felony with penalties of one to five years of imprisonment or fines up to $5,000, and aggravated abuse or desecration, which carries a more severe penalty of two to ten years of imprisonment or fines ranging from $2,000 to $10,000.

Additionally, the bill clarifies that certain actions involving cremated human remains are only punishable under specific circumstances, such as unauthorized disposal or commercial exploitation. It also provides exemptions for lawful conduct performed by authorized individuals, including medical examiners and law enforcement. The venue for prosecution is specified as either the county where the offense occurred or where the remains were discovered. Overall, the bill aims to address the intentional mistreatment of the deceased while ensuring that enhanced penalties apply when such conduct is linked to other criminal activities.

Statutes affected:
Introduced Version: 61-8-14a