Okla. Stat. tit. 21 § 1161

Current through Laws 2024, c. 453.

Section 1161 - Unlawful removal of dead body - Violation of or damage to casket or burial vault

A. No person shall intentionally remove the dead body of a human being or any part thereof from the initial site where such dead body is located for any purpose, unless such removal is authorized by a district attorney or his authorized representative or medical examiner or his authorized representative, or is not required to be investigated pursuant to the provisions of Section 938 of Title 63 of the Oklahoma Statutes, said authorization by the district attorney or medical examiner shall not be required prior to the removal of said body. A district attorney having jurisdiction may refuse to prosecute a violation of this subsection if the district attorney determines that circumstances existed which would justify such removal or that such removal was not an act of malice or wantonness.

B. No person shall remove any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it without authority of law, or from malice or wantonness.

C. No person shall willfully or with malicious intent violate or cause damage to the casket or burial vault holding the deceased human remains.

D. Any person convicted of violating any of the provisions of this section shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

Okla. Stat. tit. 21, § 1161

Amended by Laws 1986, HB 1645, c. 281, § 1, eff. 11/1/1986; Amended by Laws 1989, SB 95, c. 193, § 1, eff. 11/1/1989; Amended by Laws 1997, HB 1213, c. 133, § 300 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§23-26, emerg. eff. 6/19/1998); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, §2001, emerg. eff. 7/1/1999.