Criminal Desecration Charges – Crimes Against the Dead

The Law Office of Daniel Hutto can provide you with comprehensive information regarding criminal desecration charges in Arizona. It is essential to be aware of the legal provisions surrounding these offenses to ensure compliance and protect your rights. In this article, we will look at relevant Arizona Revised Statutes and discuss the classifications, charges, and potential penalties associated with such crimes.


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What You Should Know if Charged with Criminal Desecration of the Dead in Arizona

criminal desecration charges

Definition of Crimes Against the Dead in Arizona

According to ARS §32-1364, crimes against the dead encompass various actions that are strictly prohibited unless authorized by law. The statute defines multiple aspects, which we will explore in detail below:

Mutilation of a Dead Human Body

It is unlawful to mutilate a dead human body without proper authority or in violation of established funeral industry standards for storing, preparing, disinfecting, or embalming. This provision ensures the respectful treatment of deceased individuals.

Unlawful Disinterment or Removal of a Dead Human Body

Without authorization, it is illegal to disinter or remove a dead human body, either in full or in part, from its burial site or the location where it awaits disposition. Doing so with malicious intent, wantonness, or the intent to sell or dissect the body constitutes a criminal offense.

Unlawful Obtaining or Conversion of Property Affixed to a Dead Human Body

Unless approved by law, gaining possession or converting property located within or attached to a deceased person or their body parts, with the intent to deprive the decedent or their estate of said property, is categorized as a crime against the dead.

Engaging in Necrophilia

Engaging in necrophilia is explicitly prohibited and can result in severe legal consequences. Necrophilia refers to intimate acts involving a dead human body, including sexual intercourse or sexual contact beyond what is necessary for proper funeral industry practices.

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Penalties for Criminal Desecration in Arizona

Arizona law classifies the desecration of the dead as a Class 4 felony. This classification reflects the gravity of the offense and the potential harm it can cause to the deceased person’s memory, as well as the emotional distress inflicted upon their family and friends.

If an individual is found guilty of desecrating the dead in Arizona, they may face significant penalties. The severity of these penalties can depend on various factors, including the specifics of the desecration, the extent of the damage caused, and any prior criminal history of the offender.

Desecration of the dead is classified as a Class 4 felony under Arizona law.  Penalties for Desecration of the Dead in Arizona:

1. Potential Imprisonment

  • If found guilty of desecration of the dead, offenders may face imprisonment as a result of their actions.
  • The sentencing for this offense ranges from two to four and a half years of imprisonment.

2. Monetary Fines

  • In addition to imprisonment, offenders of desecration of the dead may be subject to significant fines as determined by the court.
  • These fines often amount to thousands of dollars, reflecting the severity of the crime.

3. Restitution Requirements

  • Courts may also impose restitution requirements on individuals convicted of desecrating the dead.
  • Restitution involves the offender compensating the affected parties for the costs associated with repairing or restoring the damaged graves or memorial sites.

Seeking Legal Counsel and Defense Strategies

If you have been accused of a crime against the dead in the state of Arizona, it is imperative to seek the guidance of a proficient criminal defense attorney. The Law Office of Daniel Hutto specializes in providing reliable legal representation and can assist you in navigating through the complexities of your case. Our experienced attorneys will examine the details, formulate a strong defense strategy, and ensure that your rights are safeguarded throughout the legal proceedings.

When it comes to defending against charges related to crimes against the dead, specific strategies may apply depending on the circumstances of the case. The Law Office of Daniel Hutto will tailor the defense approach to your specific situation, aiming to achieve the best possible outcome by presenting compelling arguments and challenging the prosecution’s case.

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Criminal Defense Attorney Daniel HuttoHow The Law Office of Daniel Hutto Can Help You

At The Law Office of Daniel Hutto, we understand the gravity of charges related to crimes against the dead in Arizona. Our commitment is to provide comprehensive legal support and protect your rights throughout the entire legal process. By choosing our experienced criminal defense team, you gain access to proficient attorneys who will fight rigorously on your behalf.

We offer free and confidential consultations to evaluate your case and guide you towards making informed decisions. Our goal is to provide you with personalized attention, address your concerns, and ensure that your voice is heard throughout the legal proceedings. Time is of the essence in criminal cases, so don’t hesitate to contact us today to discuss your situation and take the necessary steps to protect your rights. Call (602) 536-7878.

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