TITLE 27

CEMETERIES AND CREMATORIUMS

CHAPTER 5

PROTECTION OF GRAVES

27-502.  Prohibited acts. (1) Except as provided in section 27-503, Idaho Code, no person shall wilfully remove, mutilate, deface, injure or destroy any cairn or grave. Persons disturbing graves through inadvertence, including by construction, mining, or logging, shall cause the human remains to be reinterred. The expense for such reinterment shall be at least partially borne by the state historical society.

(2)  No person shall:

(a)  Possess any artifacts or human remains taken from a cairn or grave on or after January 1, 1984, in a manner other than that authorized under section 27-503, Idaho Code.

(b)  Publicly display or exhibit any human remains.

(c)  Sell any human artifacts or human remains taken from a cairn or grave.

(3)  The provisions of this section do not apply to:

(a)  The possession or sale of artifacts discovered in or taken from locations other than cairns or graves or artifacts that were removed from cairns or graves by other than human action; or

(b)  Actions taken in the performance of official law enforcement duties.

History:

[27-502, added 1984, ch. 73, sec. 4, p. 137.]