8

In a 1996 special of German news-magazine "Der Spiegel" there's a column about Alan Abbott, who participated in Marilyn Monroes funeral. He's cited to have told a story about a "young male" who bought a hearse from Abbott, only to dig up his dead lover, transport him home and proceed to have "bodily love".

Here's my translation of the interesting section:

The embalming preserved the object of his lust, and sex with the dead is not punishable in California.

Is that true? Was there a time after 1957 where necrophilia was not punishable or even legal?

  • The company Abbott and Hast was founded in 1957, hence the date. abbottandhast.com/company.html – npst Oct 14 '13 at 18:48
  • @Articuno yes, the article mentions a male lover. – npst Oct 14 '13 at 18:50
13

It is a felony under California Code § 7052.

This section was enacted almost as-is in 1939 by Stats 1939 ch 60.

The amendments since enactment were by Stats 1993 ch 1232 § 19 (AB 598) and Stats 2004 ch 413 § 1 (AB 1493).

  • In 1993:

    (1) Added "willfully" and the comma before "without" in the first sentence; and (2) substituted ", under authority of law, removes the remains for reinterment, or performs a cremation" for "removes the remains of a relative or friend for reinterment" in the last sentence.

  • In 2004:

    (1) Added subd (a) designation; (2) substituted "interment, or commits an act of sexual penetration on, or has sexual contact with, any remains known to be human, without" for "interment any human remains, without" in subd (a); and (3) added subd (b).

  • 1
    +1 for the answer. -100 for making me read legalese to the point of scratching my eyes out – user5341 Oct 21 '13 at 21:39

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