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Sexual activity with the corpse of a human being

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Sexual activity with the corpse of a human being

Sexual activity with the corpse of a human being is a very serious offence. If you’re found guilty, you could go to prison. It’s very important that you seek expert legal advice urgently. Contact us to speak with a criminal lawyer now.

The Offence

Section 34B of the Crimes Act 1958.

The prosecution must prove:

  1. The defendant intentionally interfered with or committed an indecent act with the corpse of a human being; or

  2. The defendant unlawfully removed body parts from the corpse of human being.

The Penalty

Level 6 imprisonment (5 years maximum).

Where will my case be heard?

Offence to Interfere With Corpse of A Human Being cases will usually be heard in the Magistrates’ Court of Victoria.

CRIMES ACT 1958 - SECT 34B

34B Sexual activity with corpse of a human being

(1) A person (A) commits an offence if—

(a) A intentionally engages in an activity involving the corpse of a human being; and

(b) the activity is sexual.

(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(3) For the purposes of subsection (1)—

(a) an activity is sexual if it would involve sexual penetration as defined by section 35A were the corpse a person;

(b) an activity may be sexual due to—

(i) the area of A’s body or of the corpse involved in the activity, including (but not limited to) the genital or anal region, the buttocks or, in the case of a female, the breasts; or

(ii) the fact that A seeks or gets sexual arousal or sexual gratification from the activity; or

(iii) any other aspect of the activity, including the circumstances in which it takes place.

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