Utah Supreme Court

Does moving ancient human bones constitute 'removal' under Utah's dead body statute? State v. Redd Explained

1999 UT 108
No. 981747
December 28, 1999
Reversed

Summary

James and Jeanne Redd were charged with violating Utah’s dead human body statute after excavating Anasazi remains from state land. The magistrate dismissed charges under section 76-9-704(1)(a), finding that moving bones a few feet did not constitute ‘removal’ under the statute.

Analysis

Background and Facts

In 1996, James and Jeanne Redd were observed excavating in an area containing Anasazi ruins on Utah state land. An archaeological investigation revealed that the Redds had dug in a site that included a kiva, building, and midden area. Human bones were found both in the excavated area’s walls and in discarded dirt piles, indicating the defendants had removed and screened ancient human remains during their dig.

Key Legal Issues

The central issue was whether moving thousand-year-old Anasazi bones constituted “removal” under Utah Code section 76-9-704(1)(a), which prohibits the removal, concealment, failure to report, or destruction of a dead body or any part thereof. The magistrate had dismissed the charges, finding that moving bones “a few feet” did not constitute removal under the statute.

Court’s Analysis and Holding

The Utah Supreme Court applied correctness review to the magistrate’s statutory interpretation. Using dictionary definitions, the court found that “remove” means “to change or shift the location” or “to move by lifting, pushing aside or taking away.” The court concluded that when the Redds took bones from the ground and moved them to dirt piles, they clearly “removed” them within the statute’s plain meaning.

Additionally, the court interpreted the statute to protect both intact dead bodies and any parts thereof, rejecting a narrow reading that would only protect whole bodies. The court emphasized that sound public policy supports protecting partial remains of pioneers, war dead, accident victims, and crime victims.

Practice Implications

This decision demonstrates Utah courts’ reliance on plain language analysis and dictionary definitions in statutory interpretation. The ruling clarifies that Utah’s dead body protection statute applies broadly to human remains regardless of age, protecting both complete bodies and fragments. For practitioners, the case illustrates the importance of addressing statutory language precisely and considering the policy implications of alternative interpretations when arguing statutory construction issues.

Original Opinion

Link to Original Case

Case Details

Case Name

State v. Redd

Citation

1999 UT 108

Court

Utah Supreme Court

Case Number

No. 981747

Date Decided

December 28, 1999

Outcome

Reversed

Holding

The term ‘removes’ in Utah Code section 76-9-704(1)(a) encompasses moving human bones from their original location, and the statute protects both intact dead bodies and any parts thereof.

Standard of Review

Correctness for questions of statutory interpretation

Practice Tip

When challenging statutory interpretation at the trial level, be prepared to address dictionary definitions of key terms, as Utah courts frequently rely on plain language analysis.

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