(a) This section does not apply to:
(1) a person acting in the course of medical, archaeological, educational, or scientific study;
(2) a licensed mortician or other professional who transports human remains in the course of carrying out professional duties; or
(3) a person acting under the authority of:
(i) § 10-402 of this subtitle; or
(ii) § 4-215 or § 5-408 of the Health - General Article.
(b) A person may not knowingly sell, buy, or transport for sale or profit, or offer to buy, sell, or transport for sale or profit:
(1) unlawfully removed human remains; or
(2) an associated funerary object obtained in violation of § 10-404 of this subtitle.
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.
(d) The Maryland Historical Trust may appropriate all human remains and associated funerary objects obtained in violation of this subtitle for management, care, and administration until a determination of final disposition as provided by law.
(e) This section may not be construed to interfere with the normal operation and maintenance of a cemetery including:
(1) correction of improper burial siting; and
(2) moving the human remains within a cemetery with the consent of a person who qualifies as an heir as defined in § 1-101 of the Estates and Trusts Article.
Structure Maryland Statutes
Title 10 - Crimes Against Public Health, Conduct, and Sensibilities
Subtitle 4 - Crimes Relating to Human Remains
Section 10-402 - Removing Human Remains Without Authority
Section 10-403 - Removal of Human Remains or Funerary Object
Section 10-404 - Cemetery -- Destroying Funerary Objects; Indecent Conduct