(1) A person (A) commits an offence if—
(a) A intentionally engages in an activity involving the corpse of a human being; and
(b) the activity is sexual.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
(3) For the purposes of subsection (1)—
(a) an activity is sexual if it would involve sexual penetration as defined by section 35A were the corpse a person;
(b) an activity may be sexual due to—
(i) the area of A's body or of the corpse involved in the activity, including (but not limited to) the genital or anal region, the buttocks or, in the case of a female, the breasts; or
(ii) the fact that A seeks or gets sexual arousal or sexual gratification from the activity; or
(iii) any other aspect of the activity, including the circumstances in which it takes place.
1 Exceptions apply to this offence—see section 34BD.
2 A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 34BE.
S. 34BA inserted by No. 47/2016 s. 3.