§ 10-403. Removal of human remains or funerary object

   (a) Scope of section. -- 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) Prohibited. -- 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) Penalty. -- 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) Appropriation and disposition. -- 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) Construction of section. -- 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.

HISTORY: An. Code 1957, art. 27, § 267A(b)-(d); 2002, ch. 26, § 2; 2003, ch. 21, § 1.