31-21-44.1. Abuse of a dead body.

1. (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. (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.#

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.#