Section 711-1108 - Abuse of a corpse(1) A person commits the offense of abuse of a corpse if, except as authorized by law, the person: (a) Treats a human corpse in a way that the person knows would outrage ordinary family sensibilities; or(b) Accepts the donation of a dead human body or any of its parts.(2) An entity to whom body parts are entrusted commits the offense of abuse of a corpse if, except as authorized by law, the entity to whom body parts are entrusted disposes of a dead human body without a disposition permit. Disposal of a dead human body includes removal of body parts or organs; provided that it shall not be an offense for a procurement organization to remove body parts or organs for transplantation or therapy prior to obtaining a disposition permit.(3) The preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.(4) The burial or cremation of a corpse prepared consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.(5) Abuse of a corpse is a misdemeanor.(6) For the purposes of this section, "procurement organization" has the same meaning as defined in section 327-2.Amended by L 2020, c 43,§ 4, eff. 1/1/2021.Amended by L 2015, c 171,§ 2, eff. 6/30/2015.L 1972, c 9, pt of §1; gen ch 1993COMMENTARY ON § 711-1108
This section prohibits any sort of outrageous treatment of a human corpse, including sexual contact (necrophilia) and physical abuse. It does not, of course, relate to legally authorized activities of undertakers and physicians. Knowledge that ordinary family sensibilities would be outraged must be proved.
Previous Hawaii law prohibited the disinterment, disturbance, or scattering of any human body that has been legally interred.[1] Section 711-1108 is more comprehensive in coverage.
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§ 711-1108 Commentary:
1. H.R.S. § 734-3.