Sexual Activity with the Corpse of a Human Being

Yes, and the offence is called sexual activity with the corpse of a human being. It is in section 34B of the Crimes Act 1958. The prosecution must prove that you intentionally engaged in an activity involving a human corpse, and that the activity was sexual. It makes no difference whether the corpse is in a cemetery or anywhere else.

Several offences cover this. Under section 34BA of the Crimes Act 1958, intentionally removing a body part from a human corpse carries up to 5 years in prison. The same Act makes intentional conduct involving human remains an offence if the conduct is offensive, meaning likely to arouse “significant anger, resentment, outrage, disgust or repulsion” in reasonable people. That is a less serious offence dealt with in the Magistrates’ Court, with a maximum of 2 years in prison.

An activity is sexual if it would involve sexual penetration, as the Act defines it, were the corpse a person. That rule is in section 34B of the Crimes Act 1958. The section also lists other things that can make an activity sexual, such as the area of your body or of the corpse involved. An honest and reasonable but mistaken belief that the activity was not sexual is no defence.

The maximum penalty under section 34B of the Crimes Act 1958 is 5 years in prison. A fine of up to 600 penalty units ($125,460) can be imposed instead of prison or as well as it. The offence is indictable, so the Magistrates’ Court can decide it only if that court considers it appropriate and you consent. A magistrate can then impose no more than 2 years in prison and a fine of 500 penalty units ($104,550).