Ch. 533

1994 LAWS OF MARYLAND

Act; establishing a certain penalty; specifying that human remains and associated
funerary objects obtained in violation of this Act are subject to appropriation by the
State; defining a certain term; and generally relating to prohibiting certain persons
from trading in human remains and associated funerary objects under certain
circumstances.

BY adding to                                 

Article 27 - Crimes and Punishments

Section 267A to be under the new subheading "Trading in Human Remains and
Associated Funerary Objects"

Annotated Code of Maryland

(1992 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

TRADING IN HUMAN REMAINS AND ASSOCIATED FUNERARY OBJECTS
267A.

(A)     (1) IN THIS SUBHEADING, "ASSOCIATED FUNERARY OBJECT" MEANS AN
ITEM OF HUMAN MANUFACTURE OR USE THAT IS INTENTIONALLY PLACED WITH
HUMAN REMAINS AT THE TIME OF INTERMENT IN A BURIAL SITE OR LATER AS A
PART OF A DEATH RITE OR CEREMONY OF A CULTURE, RELIGION, OR GROUP.

(2) "ASSOCIATED FUNERARY OBJECT" INCLUDES ANY GRAVESTONE,
MONUMENT, TOMB, OR OTHER STRUCTURE IN OR DIRECTLY ASSOCIATED WITH A
BURIAL SITE.

(B)      (1) UNLESS AUTHORIZED UNDER § 265 OF THIS ARTICLE OR § 4-215 OR §
5-408 OF THE HEALTH - GENERAL ARTICLE, ANY PERSON WHO KNOWINGLY SELLS,
BUYS, OR TRANSPORTS FOR SALE OR PROFIT,. OR OFFERS TO BUY, SELL, OR
TRANSPORT FOR SALE OR PROFIT, WITHIN THIS STATE, ANY UNLAWFULLY
REMOVED HUMAN REMAINS OR ANY ASSOCIATED FUNERARY OBJECT OBTAINED IN
VIOLATION OF ARTICLE 27, § 267 OF THE CODE IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE' NOT EXCEEDING $5,000 OR IMPRISONMENT
NOT EXCEEDING 1 YEAR OR BOTH.

(2) THE PROVISIONS OF THIS SUBSECTION DO NOT APPLY TO:

(I)       ANY PERSON ACTING IN THE COURSE OF MEDICAL,
ARCHAEOLOGICAL, EDUCATIONAL, OR SCIENTIFIC STUDY; OR

(II)     A LICENSED MORTICIAN OR OTHER PROFESSIONAL WHO
TRANSPORTS HUMAN REMAINS IN THE COURSE OF CARRYING OUT THE
INDIVIDUAL'S PROFESSIONAL DUTIES AND RESPONSIBILITIES.

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