shooting a dead person

[disneykid52]

What is the name of your state? Florida
What can you be charged with if you shoot a person that is already dead? Just curious.

 

[Antigone*]

What is the name of your state? Florida
What can you be charged with if you shoot a person that is already dead? Just curious.

Just curious...are you okay??? or do you need help???

 

[disneykid52]

Just curious...are you okay??? or do you need help???

Yes I'm ok ,,,,Its a simple qustion,,,say you came across a dead person that had been dead for days and shot him or her,,,or stabbed them etc,,,what could the law do to you since you didn't actually kill that person??? call me morbid if you want.

 

[cbg]

I'll call you more than morbid. I think you're completely nuts.

I have no idea what the answer to your question is, but I can tell you that I wouldn't want to have the mind of someone who would even conceive of such a question.

 

[disneykid52]

Oh,,but Seinfeld can make the comment on the show and it gets a laugh and thats ok,,,,hmmmmm yes there was an episode about where he made a comment saying you can't kill a dead person because you're already dead. So I'm the sicko and he's not?...

 

[cbg]

I am one of the few people in the US who doesn't think Jerry Seinfeld is funny and who has never watched his show. So that's a comparison that isn't going to wash with me.

 

[CavemanLawyer]

Most states have statutes dealing with abuse or mutilation of a corpse. Depending on the jurisdiction and how you abuse the corpse, it can be either a felony or a misdemeanor. Here is Georgia's statute on this, and its a felony offense.

§ 31-21-44.1. Abuse of dead body


(a) (1) 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.




If you actually dig up the body in order to mutilate it than that is another statute, which is also a felony.

 

[CavemanLawyer]

These types of offenses aren't nearly as uncommon as you'd think. I tried one of these to a jury once. The guy's best friend died of an overdose while they were shooting heroine. The Defendant was too scared to call the police because he was on probation and didn't want to be found with/connected to drugs so he hid the body in his back room. When the smell got too bad he wrapped it in plastic, and when it got worse he wrapped it in a second layer. When a body decays the bodily fluids drain....but the plastic kept it all in so it accelerated the decomposition process. He was in the room for 3 to 4 days, and the expert concluded that it decomposed as if it had been there for 3 to 4 weeks. You wouldn't believe what it looked like in the pictures.

Just recently three boys in my area were charged with abuse of a corpse for taking a human skull from a cemetery and modifying it for use as a bong. Its not the first time that has happened here either.

 

[Antigone*]

I am one of the few people in the US who doesn't think Jerry Seinfeld is funny and who has never watched his show. So that's a comparison that isn't going to wash with me.

I'm with you cbg...I can't stand Seinfeld and never saw the show. Guess that explains that...this guy's got nothing better to do than to watch Seinfeld and ask stupid questions.

 

[Idori]

These types of offenses aren't nearly as uncommon as you'd think. I tried one of these to a jury once. The guy's best friend died of an overdose while they were shooting heroine. The Defendant was too scared to call the police because he was on probation and didn't want to be found with/connected to drugs so he hid the body in his back room. When the smell got too bad he wrapped it in plastic, and when it got worse he wrapped it in a second layer. When a body decays the bodily fluids drain....but the plastic kept it all in so it accelerated the decomposition process. He was in the room for 3 to 4 days, and the expert concluded that it decomposed as if it had been there for 3 to 4 weeks. You wouldn't believe what it looked like in the pictures.

Just recently three boys in my area were charged with abuse of a corpse for taking a human skull from a cemetery and modifying it for use as a bong. Its not the first time that has happened here either.

What sentence did the addict get for wrapping/hiding his friends body?

I heard about that bong/skull case. So sad. Those kids didn't have anything better to do with their time? It is not really surprising I guess, but they will get to live with that record and the consequences. Life is not a B movie, maybe they'll get that now.

 

[CavemanLawyer]

What sentence did the addict get for wrapping/hiding his friends body?

Sorry for the very late response, but I just noticed your question. Actually, the guy was acquitted. Texas' abuse of a corpse statute mostly applies to corpses that have been disinterred. When its just a recently deceased person you generally have to do something fairly extraordinary to it for it to be abuse, like burn it or dismember it. There was really nothing to charge this guy under except the catchall paragraph which applies when you do something "offensive" to a corpse. There is no definition for offensive.

The jury basically said that the body was going to rot and decompose no matter what and all he really did was speed up the decomposition process. They didn't feel it was abusive. In truth, I really think that they just felt sorry for the guy. He was the epitome of a crackhead and just a very pitiful person. The guy that died was also his best and only friend in the world. It was obvious he hid the body out of fear and never intended to abuse his friend's corpse.

I thought a much better charge would have been tampering with physical evidence (felony 3rd) since doing just about ANYTHING to a corpse has the capability to destroy possible evidence. But our office generally did not like to refer misdemeanors up to felonies once a DA has declined felony charges.

 

[Antigone*]

Sorry for the very late response, but I just noticed your question. Actually, the guy was acquitted. Texas' abuse of a corpse statute mostly applies to corpses that have been disinterred. When its just a recently deceased person you generally have to do something fairly extraordinary to it for it to be abuse, like burn it or dismember it. There was really nothing to charge this guy under except the catchall paragraph which applies when you do something "offensive" to a corpse. There is no definition for offensive.

The jury basically said that the body was going to rot and decompose no matter what and all he really did was speed up the decomposition process. They didn't feel it was abusive. In truth, I really think that they just felt sorry for the guy. He was the epitome of a crackhead and just a very pitiful person. The guy that died was also his best and only friend in the world. It was obvious he hid the body out of fear and never intended to abuse his friend's corpse.

I thought a much better charge would have been tampering with physical evidence (felony 3rd) since doing just about ANYTHING to a corpse has the capability to destroy possible evidence. But our office generally did not like to refer misdemeanors up to felonies once a DA has declined felony charges.

Caveman,

Do you realize that you can be convicted of necroposting by the forum police

That's a major felony in these parts

Have a great evening!!

 

[Ohiogal]

Caveman,

Do you realize that you can be convicted of necroposting by the forum police

That's a major felony in these parts

Have a great evening!!

Actually he was answering a question asked of him by a forum regular. Roll your eyes all you want but you need to actually stick around and comprehend how things work here.

 

[Antigone*]

Actually he was answering a question asked of him by a forum regular. Roll your eyes all you want but you need to actually stick around and comprehend how things work here.

The roll of the eyes was in jest Ohiogal. I was joking with him..

take a deep breath and go have fun with Caribou Barbie.

 

[Ohiogal]

The roll of the eyes was in jest Ohiogal. I was joking with him..

take a deep breath and go have fun with Caribou Barbie.

She broke. She doesn't say Drill Baby Drill anymore. Now all she does is babble. I am SO unhappy. I think I am going to ask for a refund.