Removal of human remains or funerary object

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    (a)    This section does not apply to:

        (1)    a person acting in the course of medical, archaeological, educational, or scientific study;

        (2)    a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or

        (3)    a person acting under the authority of:

            (i)    § 10-402 of this subtitle; or

            (ii)    § 4-215 or § 5-408 of the Health - General Article.

    (b)    A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:

        (1)    unlawfully removed human remains; or

        (2)    an associated funerary object obtained in violation of § 10-404 of this subtitle.

    (c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

    (d)    The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.

    (e)    This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:

        (1)    correction of improper burial siting; and

        (2)    moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.


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