Section 10-403 - Removal of human remains or funerary object. - Maryland Statutes

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

(a)  Scope of section.- 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)  Prohibited.- 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)  Penalty.- 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)  Appropriation and disposition.- 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)  Construction of section.- 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. 
 

[An. Code 1957, art. 27, § 267A(b)-(d); 2002, ch. 26, § 2; 2003, ch. 21, § 1.]