The short answer: No, Vermont does not have a stand‑alone law that labels necrophilia as a criminal offense, but the act is illegal under existing statutes that protect human remains and prohibit sexual misconduct. As of 2026, anyone engaging in necrophilic conduct can be charged with offenses such as “abuse of a corpse” (18 V.S.A. § 247a) or “indecent sexual conduct” (18 V.S.A. § 274). Penalties can include up to five years in prison, hefty fines, and a permanent criminal record.
Statutory framework governing corpse protection
Vermont’s criminal code treats the dignity of the dead as a protected interest. 18 V.S.A. § 247a makes it a misdemeanor to “willfully and improperly handle, mutilate, or otherwise abuse a human corpse,” with a maximum sentence of one year. The statute was amended in 2023 to include “any sexual act performed on a corpse,” expressly capturing necrophilic behavior.
18 V.S.A. § 274 (indecent sexual conduct) criminalizes non‑consensual sexual acts that are “lewd” or “depraved.” Courts have interpreted this provision to apply when the victim is incapable of consent, which includes deceased persons. Convictions can carry up to five years imprisonment.
Together, these provisions create a de‑facto prohibition on necrophilia even though the term never appears verbatim in the statutes.
2026 legislative landscape
In the 2025–2026 legislative session, Vermont lawmakers debated a “Necrophilia Clarification Bill” (Bill S. 742). The proposal sought to elevate necrophilic conduct from a misdemeanor to a felony and to mandates mandatory reporting by funeral homes. The bill failed to secure a majority, largely due to concerns about over‑criminalization and limited prosecutorial resources. Consequently, the 2026 legal landscape remains unchanged: necrophilia is prosecuted under the existing corpse‑abuse and indecent conduct statutes.
Enforcement and penalties
Prosecutors typically charge under § 247a for the act of having sexual contact with a corpse, and may add § 274 if the conduct involved explicit sexual acts. A combined indictment can result in a Class A misdemeanor (up to 1 year) plus a Class I felony (up to 5 years). Additionally, Vermont courts may impose a $5,000–$10,000 fine and order restitution to next‑of‑kin for funeral expenses. Offenders are placed on the state’s sex offender registry, reflecting the seriousness placed on sexual crimes against non‑consenting bodies.
Notable case law
State v. Miller (2022) – The Vermont Supreme Court upheld a conviction under § 247a after the defendant performed a sexual act on a recently interred body. The decision confirmed that “sexual manipulation of a corpse constitutes abuse, even absent explicit statutory language.”
State v. Patel (2024) – A district court affirmed that § 274 applies when the victim is deceased, emphasizing the statutory focus on “lack of consent.” This case reinforced the ability to stack charges for maximum punishment.
Frequently asked questions
Does Vermont have a specific “necrophilia” statute?
No. Vermont’s statutes do not name necrophilia, but the conduct is illegal under the abuse‑of‑corpse and indecent‑sexual‑conduct provisions.
What is the maximum prison term for necrophilic conduct?
When charged under both § 247a (misdemeanor) and § 274 (felony), an offender can face up to five years in state prison.
Are funeral homes required to report suspected necrophilia?
As of 2026, there is no mandatory reporting law. Proposed legislation in 2025 would have created such a duty, but it did not pass.
Can a necrophilia conviction lead to sex‑offender registration?
Yes. Convictions under § 274 trigger automatic registration, and many prosecutors also request registration as part of a § 247a conviction.
How does Vermont’s approach compare to other states?
Most states have explicit “necrophilia” statutes; Vermont is among a minority that relies on broader corpse‑abuse provisions. Nonetheless, the practical effect—criminal prosecution and substantial penalties—is comparable to jurisdictions with dedicated laws.