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