(1) (a) 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. (b) Terms defined in Sections 76-1-101.5 and 76-5-801 apply to this section. (2) An actor commits abuse or desecration of a dead human body if the actor intentionally and unlawfully: (a) disturbs, moves, removes, conceals, or destroys a dead human body or any part of the dead human body; (b) disinters a buried or otherwise interred dead human body, without authority of a court order; (c) dismembers a dead human body to any extent, or damages or detaches any part or portion of a dead human body; or (d) 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. (3) A violation of Subsection (2) is a third degree felony. (4) 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: (a) Title 9, Chapter 8a, Part 3, Antiquities ; (b) Title 26B, Chapter 8, Part 2, Utah Medical Examiner ; (c) Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act ; (d) Section 53H-4-203 ; (e) Title 58, Chapter 9, Funeral Services Licensing Act ; or (f) Title 58, Chapter 67, Utah Medical Practice Act , which concerns licensing to practice medicine. (5) 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.
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