Is the removal of a person's remains from their place of interment morally akin to a theft of a property or property crime?

California, United States of America


The following excerpt is from People v. Reid, 201 Cal.Rptr.3d 295, 246 Cal.App.4th 822 (Cal. App. 2016):

Nor is the removal of human remains from their places of interment morally akin to property crimes such as receiving stolen automobile radios or stealing welfare benefits. Section 7052 was enacted to address the specific common law crime of " body-snatching " (People v. Baumgartner (1901) 135 Cal. 72, 74, 66 P. 974 ), and such "statutes governing the disposition of human remains exist not only to ensure removal of dead bodies and protect public health, but also to prevent invasion of the religious, moral, and esthetic sensibilities of the survivors" (Christensen v. Superior Court (1991) 54 Cal.3d 868, 893, 2 Cal.Rptr.2d 79, 820 P.2d 181 ). Courts have long recognized the dignity and respect society affords the dead and their

[201 Cal.Rptr.3d 300]

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