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Chapter 872 — Graves & Dead Bodies

Florida Statute 872.06

“Abuse of a dead human body; penalty”

What it means

A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. “Sexual abuse” is defined in subsection (1)(b) in three categories: penetration of a dead body's anus or female genitals by a sexual organ or any other object; contact or union of the penis, female genitals or anus of a person with the mouth, penis, female genitals or anus of a dead body; and contact or union of a person's mouth with the penis, female genitals or anus of a dead body.

The section contains an exception: any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation.

— What it says
  • Mutilating, committing sexual abuse upon, or otherwise grossly abusing a dead human body is a second-degree felony (§ 872.06(2)).
  • “Sexual abuse” is defined in three numbered categories of penetration or contact (§ 872.06(1)(b)).
  • An act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance violate the section (§ 872.06(2)).

Text of the statute (2026)

§ 872.06(1)
(1) As used in this section, the term: (a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina. (b) “Sexual abuse” means: 1. Anal or female genital penetration of a dead human body by the sexual organ of a person or by any other object; 2. Contact or union of the penis, female genitals, or anus of a person with the mouth, penis, female genitals, or anus of a dead human body; or 3. Contact or union of a person’s mouth with the penis, female genitals, or anus of a dead human body.
§ 872.06(2)
(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.

Excerpts are the subsections the summary relies on. Read the full official text of § 872.06.

History. s. 1, ch. 96-393; s. 11, ch. 2022-165.

— In a Florida probate

How it applies

The section turns on purpose. An act done for a bona fide medical purpose or any other lawful purpose is outside it, so the question in any case is whether the act was done for such a purpose. Other statutes govern who may authorize disposition of remains (§ 497.005(43)) and the sale of organs and tissue (§ 873.01). Disturbing the contents of a grave or tomb is addressed separately in § 872.02, and dealing in dead bodies in § 872.01.

Where this shows up

Pages on this site where § 872.06 does real work:

Questions people ask

What is the penalty for abusing a dead body in Florida?
Under § 872.06(2), mutilating, committing sexual abuse upon, or otherwise grossly abusing a dead human body is a second-degree felony. An act done for a bona fide medical purpose or any other lawful purpose is not a violation.

Sources

  • Fla. Stat. § 872.06 (“Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.”)

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 872.06

Published by the Probate.Help editorial team.How these pages are written and checked.

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