Summary:

 House Bill 320 (HB 320) enacts the crimes of necrophilia and desecration of a dead human body.   

Legislation Overview:

 House Bill 320 (HB 320) enacts a new section of the Criminal Code that creates two crimes against a dead human body.
First, HB 320 creates the crime of necrophilia which can be committed in two ways.  It is a second degree felony to use a dead body for sexual purposes or penetrate with any object into the genital or anal openings of a dead body.  It is a third degree felony to touch the clothed or unclothed intimate parts of a dead human body for sexual purposes or intentionally cause a dead body to touch the intimate parts of a human. 
Second, HB 320 creates the crime of criminal desecration of a dead human body, a fourth degree felony.  This crime is committed by unlawfully dismembering, disfiguring, mutilating or burning a dead body or any unlawful act that causes a dead body to be devoured or scattered.  

Current Law:

 There are currently no specific crimes of necrophilia or criminal desecration of a dead human body. However, New Mexico courts have recognized as an offense at common law the indecent treatment of a dead body.  See State v. Hartzler, 1967-NMSA-022.   There is also the crime of disturbing a marked burial ground, which is a fourth degree felony (Section 30-12-12 NMSA 1978).