---
title: O.C.G.A. § 31-21-44.1. Abuse of a dead body.
collection: code
id: 31-21-44.1
cite_as: O.C.G.A. § 31-21-44.1 (2025)
canonical_url: https://georgiacommons.org/code/31-21-44.1
md_url: https://georgiacommons.org/code/31-21-44.1.md
text_url: https://georgiacommons.org/code/31-21-44.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t31-(v23)-2025-pdf.pdf?sfvrsn=da7ded69_0#page=883
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/31-21.md
previous: https://georgiacommons.org/code/31-21-44.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: HEALTH / DEAD BODIES / OFFENSES
---

# O.C.G.A. § 31-21-44.1. Abuse of a dead body.

(a)(1) A person commits the offense of abuse of a dead human body if, prior to interment or other final disposition of a dead human body and except as otherwise authorized by law, such person willfully defaces such dead human body while the dead human body is lying in state or is prepared for burial, showing, cremation, or other final disposition whether in a funeral establishment, place of worship, home, or other facility or at a grave site. The lawful presence of the offender at a place where the dead human body is abused shall not be a defense to a prosecution under this Code section.

(2) A person who is providing care to another person, other than in a hospital, either on a permanent or temporary basis, shall, upon the death of such person while in such person’s care, be required to notify a local law enforcement agency or coroner or a relative of such deceased person within six hours of the discovery of the death of such person. Any person who intentionally violates the provisions of this paragraph shall commit the offense of abuse of a dead body.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.

## History

Code 1981, § 31-21-44.1, enacted by Ga. L. 1995, p. 569, § 1; Ga. L. 1997, p. 1460, § 1; Ga. L. 1998, p. 128, § 31; Ga. L. 2025, p. 269, § 2-6/SB 241, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, rewrote paragraph (a)(1), which read: “A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a funeral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section.”.