750.160a Photograph of decedent located in human grave prohibited; exceptions; definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 160a.

(1)Subject to subsection (2), a person shall not knowingly photograph or publicly display a photograph of all or a portion of a decedent located in a human grave.

(2)Subsection

(1)does not apply to a person acting pursuant to a court order, to a person who has obtained the written consent of the decedent's next of kin if the decedent's death occurred less than 100 years before the photographing or public displaying, or to a person who photographs or publicly displays a photograph described in subsection

(1)for law enforcement, medical, archaeological, or scientific purposes.

(3)As used in this section:

(a)"Bottomlands of the Great Lakes" means bottomlands as that term is defined in section 76101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76101.

(b)"Decedent" means a dead human being.

(c)"Human grave" means any of the following:

(i)A site in this state intended for the permanent interment of all or a portion of a decedent.

(ii)A location in this state, including the bottomlands of the Great Lakes, that contains all or a portion of a decedent who died in an accident or disaster and from which it is impracticable or not intended to remove all or a portion of the decedent. A location under this subparagraph includes a shipwreck and a site in the immediate vicinity of a shipwreck in which all or a portion of a decedent is located, and a mine or other underground location within which all or a portion of a decedent is located.

(d)"Photograph" includes an image on videotape, motion picture or other film, or an image captured by digital means.

History: Add. 1997, Act 62 , Eff. Oct. 1, 1997