Have you been charged with Offence to Interfere With Corpse of A Human Being?
If so, you must engage the services of a law firm that specialises in criminal law.
This offence is serious. If found guilty, you could face 5 years in prison. Some questions you will need to carefully consider with your lawyer include:
Can the prosecution make out their case? Did you intend to interfere with a human corpse? Did you commit an indecent act with the corpse? Did you remove any body parts from the corpse? Did you act alone?
Please read below for more information on this charge.
The offence
Section 34B of the Crimes Act 1958.
The prosecution must prove:
The defendant intentionally interfered with or committed an indecent act with the corpse of a human being; or
The defendant unlawfully removed body parts from the corpse of human being.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
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.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Obtain the services of an experienced criminal lawyer urgently.
Good preparation is vital to a successful outcome. Ensure that you don’t leave it to the last minute..
If you have been charged with Offence to Interfere With Corpse of A Human Being make an appointment to see one of our experienced lawyers today.
The legislation
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.
