HOUSE BILL 320

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Stefani Lord and John Block

 

 

 

 

 

AN ACT

RELATING TO CRIME; MAKING NECROPHILIA A CRIME; MAKING DESECRATION OF A DEAD HUMAN BODY A CRIME; PRESCRIBING PENALTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] NECROPHILIA--CRIMINAL DESECRATION OF A DEAD HUMAN BODY.--

          A. The crime of necrophilia consists of a person:

                (1) using a dead human body for sexual purposes, including vaginal intercourse, anal intercourse, cunnilingus or fellatio or the causing of penetration, to any extent and with any object, of the genital or anal openings of a dead human body, whether or not there is any emission; or

                (2) touching the clothed or unclothed intimate parts of a dead human body for sexual purposes or intentionally causing a dead human body to touch the intimate parts of a person.

          B. A person who commits necrophilia as provided in Paragraph (1) of Subsection A of this section is guilty of a second degree felony.

          C. A person who commits necrophilia as provided in Paragraph (2) of Subsection A of this section is guilty of a third degree felony.

          D. Criminal desecration of a dead human body consists of the unlawful dismemberment, disfigurement, mutilation or burning of a dead human body or any unlawful act that causes a dead human body to be devoured or scattered. A person who commits criminal desecration of a dead human body is guilty of a fourth degree felony."

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