2025
345 A.3d 249 — Pa. Superior Court · Post-Conviction / Criminal Appeal

Affirming a conviction under Pennsylvania’s abuse of corpse statute, 18 Pa.C.S. § 5510, the Superior Court held that the statute is drafted in broad terms reaching both acts and omissions, and that inaction alone — knowingly permitting a corpse to decompose — is sufficient to satisfy the actus reus. Concealment is not a required element. On the mens rea, the Court held that a defendant need not anticipate that the family will view the body; it is enough that a reasonable person would understand that allowing a corpse to deteriorate would outrage ordinary family sensibilities. The decision extends Smith and Hutchison into the professional funeral-services context.

View Case

James Law Logo

James Law, LLC is a trial and appellate practice with office locations in White Oak and McMurray, Pennsylvania. We handle a wide range of criminal-defense matters in both state and federal court, and represent the interests of attorneys, judges, and law students facing ethical and character-and-fitness inquiries. Visit Ethics Website

© 2016 – 2026 James Law, LLC. Privacy Policy
James Law, LLC is committed to ensuring digital accessibility for people with disabilities and welcomes your feedback. Please let us know if you encounter accessibility barriers, have any questions, or need assistance by contacting us at Ryan@RHJamesLaw.com.