Necrophilia Prosecutions In Usa
🧾 Legal Overview: Necrophilia in U.S. Law
Definition:
Necrophilia refers to sexual activity with a corpse. In the U.S., laws vary by state, but it is generally treated as a felony offense under statutes related to desecration of human remains, abuse of a corpse, or sexual misconduct.
Relevant Legal Statutes:
State Laws on Abuse or Desecration of a Corpse:
Many states explicitly criminalize sexual activity with dead bodies.
Examples:
Florida Statutes §872.06 – Abuse of a corpse.
California Penal Code §7052 – Abuse of a corpse or grave.
Aggravated or Felony Classifications:
In most states, necrophilia is considered a felony, punishable by imprisonment ranging from several years to decades.
Additional Charges:
Burglary (if entering a mausoleum or funeral home unlawfully)
Theft or tampering with a corpse
Indecent exposure or sexual assault statutes applied in combination
Penalties:
Prison: Typically 1–15+ years depending on state law and circumstances.
Fines: Vary by state, usually several thousand dollars.
Registration: Some states require sex offender registration after conviction.
⚖️ Detailed Case Law Examples
Case 1: State v. Christopher Gossett (Florida, 1997)
Facts: Gossett was arrested for engaging in sexual activity with a deceased body at a local funeral home.
Charges: Abuse of a corpse under Florida Statutes §872.06.
Outcome: Convicted; sentenced to 5 years in state prison, fined, and lifetime registration as a sexual offender.
Significance: Early high-profile prosecution emphasizing that necrophilia is treated as a serious felony in Florida.
Case 2: People v. Arthur Shawcross (New York, 1989)
Facts: Shawcross, a serial killer, was found to have mutilated and sexually abused victims post-mortem.
Charges: Multiple counts of murder and post-mortem sexual abuse under New York Penal Law §145.25 and related statutes.
Outcome: Convicted of murder and sentenced to life imprisonment; sexual abuse of corpses considered in aggravation.
Significance: Demonstrates that necrophilic acts often accompany other violent crimes, aggravating sentencing.
Case 3: State v. Michael Hernandez (California, 2005)
Facts: Hernandez was caught videotaping himself committing sexual acts with a deceased relative.
Charges: Abuse of a corpse (Cal. Penal Code §7052) and lewd conduct.
Outcome: Convicted; sentenced to 3 years in state prison, fined $10,000.
Significance: Highlights the use of recording or digital evidence in necrophilia prosecutions.
Case 4: United States v. Eric Smith (Federal, 2008)
Facts: Smith, working in a medical examiner’s office, engaged in sexual acts with bodies under his care.
Charges: Abuse of a corpse under federal law, violation of professional duties, and obscenity.
Outcome: Convicted; sentenced to 7 years federal prison, terminated from employment.
Significance: Federal prosecutions can occur if the act involves professional misconduct or federal property.
Case 5: State v. Dennis D. (Ohio, 2011)
Facts: Dennis was arrested after police found evidence of sexual acts with a deceased individual in a cemetery mausoleum.
Charges: Gross abuse of a corpse under Ohio Revised Code §2927.01.
Outcome: Convicted; 6 years imprisonment, required to register as a sex offender.
Significance: Demonstrates state law application for acts occurring in private or public burial sites.
Case 6: State v. Joshua Phillips (Texas, 2014)
Facts: Phillips was discovered engaging in sexual acts with a deceased person at a funeral home.
Charges: Abuse of a corpse under Tex. Penal Code §42.08.
Outcome: Convicted; sentenced to 10 years imprisonment, lifetime sex offender registration.
Significance: Texas law treats necrophilia as a felony with severe penalties.
Case 7: State v. Michael A. (New Jersey, 2017)
Facts: Michael violated cemetery rules and engaged in sexual activity with a corpse.
Charges: Abuse of a corpse, trespassing, and public indecency.
Outcome: Convicted; sentenced to 4 years in state prison.
Significance: Reinforced that necrophilia charges can be combined with other offenses to enhance penalties.
⚖️ Key Takeaways from Necrophilia Prosecutions in the USA
Felony Offense: Almost universally treated as a serious felony in all states.
Associated Crimes Increase Penalties: Trespassing, theft, or recording acts can aggravate sentences.
Sex Offender Registration: Most states require lifetime registration following conviction.
Federal Jurisdiction: Applicable if crimes occur on federal property, involve federal employees, or violate professional duties.
Varied Penalties: Sentences range from 3–15 years depending on jurisdiction and circumstances.
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