Abuse of corpse in the second degree
Source:
Section 166.085 — Abuse of corpse in the second degree, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html (accessed May 26, 2025).
Burial of corpse terminates abuse, notwithstanding that corpse was improperly buried. State v. Harelson, 147 Or App 556, 938 P2d 763 (1997), Sup Ct review denied
“Abuse,” as employed in the phrase “abuses a corpse” in this section, is defined in ORS 166.075 to mean “to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities,” which provides sufficient degree of certainty such that this section is not unconstitutionally vague under Article I, section 21, of Oregon Constitution. State v. Howard, 325 Or App 696, 529 P3d 247 (2023), Sup Ct review denied
This section’s phrase “‘abuse of corpse’ includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community” is clarification applicable to all means of committing first- and second-degree abuse of corpse and provides sufficient degree of certainty such that this section is not unconstitutionally vague under Article I, section 21, of Oregon Constitution. State v. Howard, 325 Or App 696, 529 P3d 247 (2023), Sup Ct review denied