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CHAPTER VI.

VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD.

SEC. 305. Right to direct disposal of one's own body after death. 306. Duty of burial.

307. Removal for burial in other states.

308. Dissection when allowed.

309. Unlawful dissection a misdemeanor.

310. Remains after dissection must be buried

311. Body stealing.

312. Receiving stolen body.

313. Opening grave.

314. Arresting or attaching a dead body.
315. Disturbing funerals.

§305. Right to direct disposal of one's own body after death. A person has the right to direct the manner in which his body shall be disposed of after his death; and also to direct the manner in which any part of his body, which becomes separated therefrom during his lifetime, shall be disposed of; and the provisions of this chapter do not apply to any case where a person has given directions for the disposal of his body or any part thereof inconsistent with those provisions.

§ 306. Duty of burial.-Except in the cases in which a right to dissect it is expressly conferred by law, every dead body of a human being, lying within this state must be decently buried within a reasonable time after death.

§ 307. Removal for burial in other states. The last section does not impair any right to carry the dead body of a human being through this state, or to remove from this state the body of a person dying within it, for the purpose of burying the same elsewhere.

§308. Dissection, when allowed. The right to dissect the dead body of a human being exists in the following cases:

1. In the cases prescribed by special statutes;

2. Whenever a coroner is authorized by law to hold an inquest upon the body, so far as such coroner authorizes dissection for the purposes of the inquest, and no further;

3. Whenever and so far as the husband, wife or next of kin of the deceased, being charged by law with the duty of burial, may authorize dissection for the purpose of ascertaining the cause of death, and no further.

§ 309. Unlawful dissection a misdemeanor.—A per

son who makes, or causes or procures to be made, any dissection of the body of a human being, except by authority of law, or in pursuance of a permission given by the deceased, is guilty of a misdemeanor.

§ 310. Remains after dissection must be buried.— In all cases in which a dissection has been made, the provisions of this chapter, requiring the burial of a dead body, and punishing interference with or injuries to it, apply equally to the remains of the body dissected, as soon as the lawful purposes of such dissection have been accomplished.

§ 311. Body stealing.—A person who removes the dead body of a human being, or any part thereof, from a grave, vault, or other place, where the same has been buried, or from a place where the same has been deposited while awaiting burial, without authority of law, with intent to sell the same, or for the purpose of dissection, or for the purpose of procuring a reward for the return of the same, or from malice or wantonness, is punishable by imprisonment for not more than five years or by a fine not exceeding one thousand dollars, or both.

What constitutes. Tate v. State, 6 Blackf., 110; Rhodes v. Brandt, 21 Hun, 1.

§ 312. Receiving stolen body.-A person who purchases, or receives except for the purpose of burial, the dead body of a human being, or any part thereof, knowing that the same has been removed contrary to the last section, is punishable by imprisonment for not more than three years.

§ 313. Opening grave. —A person who opens a grave or other place of interment, temporary or otherwise, or a building wherein the dead body of a human being is deposited while awaiting burial, without authority of law, with intent to remove the body, or any part thereof, for the purpose of selling it or demanding money for the same, or for the purpose of dissection, or from malice or wantonness, or with intent to steal or remove the coffin or any part thereof, or anything attached thereto, or any vestment, or other article interred, or intended to be interred with the dead body, is punishable by imprisonment for not more than two years, or by a fine of not more than two hundred and fifty dollars or by both.

§ 314. Arresting or attaching a dead body. —A person who arrests or attaches the dead body of a human being upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor.

§ 315. Disturbing funerals. -A person who, without authority of law, obstructs or detains any persons engaged in carrying or accompanying the dead body of a human being to a place of burial, is guilty of a misde

meanor.

CHAPTER VII.

INDECENT EXPOSURES, OBSCENE EXHIBITIONS, BOOKS AND PRINTS, AND BAWDY AND OTHER DISORDERLY HOUSES. SEC. 316. Exposure of person.

317. Possessing, etc., obscene prints.

318. Indecent articles, etc.

319. Mailing, carrying obscene print, etc.
320. Warrant to sheriff to search, etc.
321. Physician's instruments.

322. Keeping disorderly houses, etc. § 316. Exposure of person.. A person who willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another so to expose himself, is guilty of a misdemeanor.

What is a public place. Peo. v. Bixby, 4 Hun, 636. Intent material. Miller v. Peo., 5 Barb., 203. Ill. See State v. Millard, 18 Vt., 574. Indecent exposure, what is. Com. v. Wardell (Mass.), 19 Alb. L. J., 135.

§ 317. Possessing, etc., obscene prints. A person

who

1. Sells, lends, gives away, or offers to give away, or shows, or has in his possession with intent to sell or give away, or to show, or advertises, or otherwise offers for loan, gift, sale or distribution, an obscene or indecent book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, drawing or photograph, or any article or instrument of indecent or immoral use, or who designs, copies, draws, photographs, prints, utters, publishes or otherwise prepares such a book, picture, drawing, paper or other article, or writes or prints, or causes to be written or printed, a circular, advertisement, or notice of any kind, or gives information orally, stating when, where, how, or of whom, or by what

means such an indecent or obscene article or thing can be purchased or obtained; or

2. Sells, lends, gives away, or shows, or has in his possession with intent to sell or give away, or to show, or advertises or otherwise offers for loan, gift, sale or distribution, to any minor child, any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, or principally made up of criminal news, police reports or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime; or

3. Exhibits upon any street or highway, or in any other place within the view, or which may be within the view, of any minor child, any book, magazine, pamphlet, newspaper, writing, paper, picture, drawing, photograph or other article or articles coming within the descriptions of articles mentioned in the first and second subdivisions of this section, or any of them; or

4. In any manner hires, uses or employs any minor child to sell or give away, or in any manner to distribute, or who, having the care, custody or control of any minor child, permits such child to sell, give away or in any other manner to distribute any book, magazine, pamphlet, newspaper, story paper, writing, paper, picture, drawing, photograph or other article or matter coming within the descriptions of articles and matter mentioned in the first and second subdivisions of this section, or any of them, is guilty of a misdemeanor. [Am'd ch. 380 of 1884.]

See § 297, supra; Willis v. Warren, 1 Hilt., 590. Evidence of sales of similar pictures by others, immaterial. Peo. v. Miller, 19 W. Dig., 256; 2 N. Y. Cr., 279; ib., 375.

§ 318. Indecent articles, etc.-A person who sells, lends, gives away, or in any manner exhibits, or offers to sell, lend or give away, or has in his possession, with intent to sell, lend or give away, or advertises or offers for sale, loan or distribution, any instrument or article, or any drug or medicine, for the prevention of conception, or for causing unfawful abortion, or who writes or prints, or causes to be written or printed, a card, circular, pamphlet, advertisement or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means, such an article or medicine can be purchased or obtained, or who manufactures any such article or medicine, is guilty of a misdemeanor.

See § 297, supra.

§ 319. Mailing, carrying obscene print, etc.—A person who deposits, or causes to be deposited, in any post

office within the state, or places in charge of an express company, or of a common carrier, or other person, for transportation, any of the articles or things specified in the last two sections, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, or who knowingly or willfully receives the same, with intent to carry or convey, or knowingly or willfully carries or conveys the same, by express, or in any other manner except in the United States mail, is guilty of a misdemeanor.

§ 320. Warrant to sheriff to search, etc. Seizures.A magistrate having jurisdiction to issue warrants in criminal cases, upon complaint that any person within his jurisdiction is offending against the provisions of this chapter, supported by oath or affirmation, must issue a warrant, directed to the sheriff or to any constable, marshal, or police officer within the county, directing him to search for, seize, and take possession of any of the articles specified in this chapter, in the possession of the person against whom complaint is made. The magistrate must immediately transmit every article seized by virtue of the warrant, to the district attorney of the county, who must, upon the conviction of the person from whose possession the same was taken, cause it to be destroyed, and the fact of such destruction to be entered upon the records of the court in which the conviction is had.

§ 321. Physician's instruments.-An article or instrument, used or applied by physicians lawfully practicing, or by their direction or prescription, for the cure or prevention of disease, is not an article of indecent or immoral nature or use, within this chapter. The supplying of such articles to such physicians or by their direction, or prescription, is not an offense under this chapter.

§ 322. Keeping disorderly houses, etc.-A person who keeps a house of ill-fame or assignation of any

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