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Committee debates rewording and penalties for desecration, concealment-of-body offenses
Summary
Committee counsel presented a redraft that moves certain concealment and desecration actions from a felony subsection to a different subsection tied to intent to conceal, lowers penalties for some offenses, and proposes mens rea wording changes; practitioners pressed for clearer phrasing to ensure the correct mental-state elements apply.
Ben Novogrovsky, counsel in the Office of Legislative Council, walked the Judiciary Committee through substantive redrafting of a criminal statute concerning desecration, concealment and related acts.
Novogrovsky said the office moved language such as “hides, desecrates, or otherwise concealed” out of the statute's subsection a — which previously carried a five-year penalty — and into subsection b with an added element: intent to conceal a crime, apprehension, or conviction. That change, he said,…
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