Abuse of a Corpse in Greeley | Arguing with the Dead

How is Abuse of Corpse charged in Colorado?

It’s always hard when someone leaves this world and you feel like there is unfinished business. Many people deal with unresolved issues by talking to a friend, family member, or even therapist. One man thought the best way to handle the situation would be to dig up the grave of his father to argue with him. A police officer happened to be patrolling near the cemetery when he saw the man digging up a grave. When he asked the man why he was doing it, he told the officer he was digging up his dad. It was reported that the man’s father had died 30 years ago. The man was arrested for Abuse of Corpse.

Abuse of Corpse in Weld County

Colorado law defines Abuse of Corpse – C.R.S. 18-13-101 – as:

A person commits abuse of a corpse if, without statutory or court-ordered authority, he or she:

(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, C.R.S; or

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

Obviously, this crime was charged because the man was attempting to remove his father’s remains without the proper authority. Even though he was the son, this does not mean a person can just go dig someone up without going through the proper channels, no matter the relation.

Have you been charged with Abuse of Corpse? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!

What’s interesting is that the man was not successful in digging up his father. He was stopped before he was able to exhume the body. With this being the case, it seems Attempt to Commit Abuse of Corpse would be a more appropriate charge. As a class 2 misdemeanor, Abuse of Corpse is punishable by 3 to 12 months in the Weld, Morgan, or Logan County Jail and up to $1,000 in fines. If it were charged as Attempt to Commit Abuse of Corpse, it would be lowered to a class 3 misdemeanor, which carries a lesser penalty range.

If you or someone you love has been charged with Abuse of Corpse in Greeley, Windsor, or Berthoud, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 to set up a free consultation. Together, we can protect your future.

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