Penalties for Mutilating a Dead Body in Fort Myers

After a person dies, you might assume that no further crimes can be committed against them. However, a dead body still retains some of the same rights and protections as living people in Florida. One of the most important examples is protection from mutilation. Mutilating a dead body in Fort Myers is a serious offense, even if you were not the person who killed the victim. If you did kill the victim – even accidentally – mutilation could lead to additional charges and heightened penalties.

 Officers Arrive at Fort Myers Residence to Find Mutilated Body 

In June of 2024, Fort Myers Police arrived at a residence to find a difficult situation. They had been called by a wife who claimed that her husband was in the process of killing their roommate. After noticing the police, the murderer smashed a window and dangled a dismembered body part through the opening. He then emerged from the broken window and threatened the officers with his weapon.

Left with few options, the officers opened fire and killed the assailant. After the shooting, they located the rest of the victim’s body in a nearby garbage can. If the attacker had survived, he likely would have faced both murder charges and a secondary offense for mutilating a body.

 What Is the Penalty for Mutilating a Dead Body in Fort Myers? 

You can face various penalties for abusing dead bodies. All of these offenses fall under Chapter 827 of Florida’s criminal statutes. Statute 872.06 states that simply “coming into contact” with the genitalia or anus of a dead body is a felony of the second degree.

You may also face a second degree felony for mutilating or “grossly abusing” a dead body. This might be cutting the body into smaller pieces, disfiguring the body, or otherwise showing a general disrespect for the dead. A second degree felony in Florida can lead to a maximum of 15 years in prison.

There are all kinds of additional crimes involving dead bodies in Florida. You might also face penalties for disturbing an unmarked human burial. If you cremate a person within 48 hours of their passing, you could face second-degree misdemeanor charges. Defacing a tomb, monument, or gravestone is a third degree felony in Florida. Finally, it is illegal to sell a dead body – and you will face a first degree misdemeanor for “dealing in dead bodies.”

Find an Experienced Criminal Defense Lawyer in Fort Myers 

Mutilating a dead body in Fort Myers is a serious offense. If you have been charged with this crime, you may want to get in touch with an experienced criminal defense lawyer. The Fort Myers criminal defense lawyers at Foley & Wilson Law Firm can help in this situation, and we have represented numerous defendants accused of various violent crimes. Book your consultation today to get started with an effective defense strategy.

Sources: 

winknews.com/2024/06/10/heavy-police-presence-reported-fort-myers/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0872/0872.html#:~:text=(2)%20A%20person%20who%20mutilates,775.084.