§ 10-403. Removal of human remains or funerary object

MD Crim Law Code § 10-403 (2019) (N/A)
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(a)    This section does not apply to:

(1)    a person acting in the course of medical, archaeological, educational, or scientific study;

(2)    a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or

(3)    a person acting under the authority of:

(i)    § 10-402 of this subtitle; or

(ii)    § 4-215 or § 5-408 of the Health - General Article.

(b)    A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:

(1)    unlawfully removed human remains; or

(2)    an associated funerary object obtained in violation of § 10-404 of this subtitle.

(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

(d)    The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.

(e)    This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:

(1)    correction of improper burial siting; and

(2)    moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.