(1) A person commits tampering with a deceased human body if, believing that an official proceeding is pending, in progress, or about to be instituted and acting without legal right or authority, the person willfully destroys, mutilates, conceals, removes, or alters a human body, part of a human body, or human remains with intent to impair its or their appearance or availability in the official proceedings. (2) Tampering with a deceased human body is a class 3 felony. (3) (a) A defendant may not be convicted of both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13-101 (1), if the act arises out of a single incident. (b) If a defendant is charged with both tampering with a deceased human body, as described in subsection (1) of this section, and abuse of a corpse, as described in section 18-13- 101, the court shall proceed pursuant to section 18-1-408.
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