Section 3a

Fact vs. Fantasy -
Because death in general, and necrophilia specifically, has been mystified and denounced by religion and culture for the last hundred years or so there's developed a kind of blur between what aspects or practices are permitted, ignored, or illegal. This also includes the more traditional and accepted ways we care for our dead because of the assertiveness of the funeral profession. I discuss the caring for the dead alternatives; fact and fiction, in Section 11. So in this section we will explore the laws and myths of necrophilia as they pertain to the United States.

The reader should be advised that the following information should be considered reference and not 'gospel'. State laws are constantly changing so it is recommended you check on your state's website.

Jurisdiction Myth - There's federal laws against necrophilia.
There are NO federal laws regarding necrophilia (as of this writing).Laws of this nature are left up to the individual states (more on this a bit later). The FBI, CIA, NSA, IRS... could all care less and have their hands full with other more important things in life than worrying about someone having sex with a corpse. And, no... no secret agency is lurking on the Internet searching for people searching on the word "necrophilia". Everyone is far too busy stinging pedophiles and searching for terrorists, which is as it should be.

Taking-Of-Pics Myth - It's illegal to take pics of dead people.
Many people email me asking for real pics of dead people or pics of people having sex with real dead people. First off, let me explain why there's not a bevy of such pics already on the Internet when it's so easy to find pics of every other fetish imaginable.
Necrophilia is generally a 'private' activity. By that I mean, there's not generally more than one person diddling with a corpse at a time. Where there might be S&M bondage clubs, or clubs for other fetish interests, necrophilia tends to be an act of singular opportunity (although I have heard of very rare instances of a necro 'group' operating from a funeral home... it is very rare because of the risk of getting caught). People with access to dead bodies are typically morgue attendants and funeral home staff. These folks are not about to risk their jobs taking random pics of dead people, much less of themselves playing around with them, simply for the sake of placing those pics on the net. It's true that some employees probably do have private pic collections of old Polaroids or maybe even using the new digital cams. But why would they ruin a good thing? The risk of someone recognizing a pic on the Net of old dead Aunt Edna is not worth loosing the access opportunity or your job.

Is it illegal to take pics of dead people before, during, or after they are embalmed... or during a funeral wake?
No.. it's not illegal to take pics of dead people under any situation. Even at a funeral wake.. unless it's specified, wakes are by design public events and the taking of pictures is not illegal. BUT... that does not mean the relatives will sit ldle and watch you do it without some possible confrontation. Relatives may also have something to say in civil court if you try publishing them. Now, this does not mean there isn't some ethical or moral business obligation on the part of the funeral home should an employee have naked pics of dead Aunt Edna and decide to circulate them. Remember, while an activity may not be illegal there always exists the possibility of a civil suit... but then again, being sued doesn't necessarily mean you will have a judgement against you.
By the way, at the turn of the last century is was quite in vogue to have a pic taken of the relatives around the deceased in the casket. These pics are all over the net and it's interesting at how these old black & whites usually show poses of grim-faced relatives when you know damn well some must have been smiling inside.

Is it illegal to post pics of dead people or pics of people having sex with dead people on the Internet?
No. But you could loose your job (if your job requires working around dead bodies) if you are caught posting your own stuff (but not casual posting or downloading from one site to another like most of us do). Morgues are typically governmental entities, or departments within hospitals, and as such have codes of conduct and/or are bound by business performance ethics (but not during public wakes). Also, if dead Aunt Edna's pic ends up on the net and it can be determined you took the pic and posted it there then you could be open to a civil suit. But if you take pics showing you in a sexually provocotive position with dead Aunt Edna that's probably breaking the law. Read the next segment.

Going-To-Jail Myth - If you get caught you're going to jail.
That depends on the state and on the situation... technically.
Each state has its own necrophilia/abuse of a corpse/defiling human remains laws. Depending on the state you can get a slap-on-the-wrist fine, or serve mandatory jail time, or both. But the reality seems to be quite different. Only in America can a violation of the law take second to the needs of a business. Let's imagine for a moment you are working in a funeral home late one night and a dead body comes in and you are getting ready to prep it for embalming. But you see that this body is extrodinarliy attractive and suddenly you feel 'the urge' (you will notice I've kept this scenario 'generic'). You begin to play around a bit... then all of a sudden your boss walks in just as you have a mouthful of a part of the dead person's exterior anatomy. You think he's going to call 911? Not likely. Why? Because once what you have done becomes a matter of public record this opens your boss up to very valid civil lawsuits... and bad public relations. Not only from relatives of your dead 'friend' but anyone who might suspect you dabbled with their dead relative for the duration of your emplyment there. So, the reality might suggest, presuming your boss is not also 'dabbling' when you are not looking, that all he will do is fire you on the spot.

The same goes for morgues. Few hospitals or government entities want a high profile public trial of one of their employees having been caught humping dead Aunt Edna. The lawsuit exposure and subsequent bad PR is just not worth it. The end result there is that you could just be fired for your transgressions. So what happens is generally those who are actually accused of the crime of necrophilia are murderers, serial killers (like being accused of murder isn't already enough), or grave robbers (if any still exist who want to go through all that bother). Of course if you decide to break into a funeral home or morgue and got caught your future might be a different story.

As an example of what could happen... there is a story I have posted elsewhere on my site about a young dead female cancer victim that had been the object of choice by a hospital morgue attendent. When the body was brought to the funeral home and the embalmer started getting down to business he discovered someone had visited the young girl's vagina and left his liquid calling card. In this case the embalmer called the local sheriff to report the 'crime' (one could only imagine the poking and prodding and sample-taking that young body went through in the name of the law). I guess it didn't take much for the sheriff to get a confession from the morgue attendent. But the end result was not jail for the necro culprit... or even a fine. The sheriff talked to the hospital authority and in typical good-old-boy fashion the investigation went no farther and the wayward morgue attendant was quietly fired, thus saving embarrassment for all concerned. Now, the question to ask yourself is this... should the relatives have been notified of this illegal act upon their deceased loved one or is it just better just leaving things alone since in the end the girl is still dead?

Remember... if necrophilia is against the law in your state then you should presume the law will be enforced if you are caught.