Colorado § 18-13-101 - Abuse of a corpse - penalty - repeal.

§ 18-13-101. Abuse of a corpse - penalty - repeal.

(1) A person commits abuse of a corpse if, without statutory or court-ordered authority, the person:

(a) Removes the body or remains of any person from a grave or other place of sepulcher without the consent of the person who has the right to dispose of the remains pursuant to section 15-19-106; or

(b) Treats the body or remains of any person in a way that would outrage normal family sensibilities, including by:

(I) Dismembering or mutilating a body;

(II) Hiding or concealing a body;

(III) Improperly allowing a body to decompose;

(IV) Improperly disposing of a body, including by throwing the body in the trash, burning the body, or abandoning the body on public or private property;

(V) Removing an organ from a body without permission, except as permitted by industry standards pursuant to article 135 of title 12;

(VI) Selling a body or human remains; or

(VII) Transporting or storing a body in a degrading manner, which may include the piling or stacking of human bodies:

(A) In a manner that does not align with recognized industry standards and methods accepted by individuals licensed pursuant to article 135 of title 12; or

(B) Without storing the bodies in proper containers.

(2) (a) (I) Abuse of a corpse committed before January 1, 2027, is a class 6 felony.

(II) This subsection (2)(a) is repealed, effective January 1, 2028.

(b) Abuse of a corpse committed on or after January 1, 2027, is a class 5 felony.

(3) (a) A defendant may not be convicted of both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), if the act arises out of a single incident.

(b) If a defendant is charged with both abuse of a corpse, as described in subsection (1) of this section, and tampering with a deceased human body, as described in section 18-8-610.5 (1), the court shall proceed pursuant to section 18-1-408.

Source: L. 71: R&RE, p. 483, § 1. C.R.S. 1963: § 40-13-101. L. 2005: Entire section amended, p. 206, § 1, effective July 1. L. 2020: IP(1), (1)(a), and (2) amended and (3) added, (HB 20-1148), ch. 100, p. 387, § 2, effective September 14. L. 2026: (1) and (2) amended, (HB 26-1258), ch. 383, p. 2403, § 30, effective August 12.

Editor's note: Section 33(2) of chapter 383 (HB 26-1258), Session Laws of Colorado 2026, provides that the act changing this section applies to offenses committed; license and registration applications filed; certificates of death initiated, completed, responded to, or filed; and contracts entered into or renewed on or after August 12, 2026.

ANNOTATION

Applied in People v. Bookman, 646 P.2d 924 (Colo. 1982).