Abusing a corpse could soon be a felony in Colorado
As the FBI continues to investigate the former owner of a Montrose funeral home accused of harvesting and selling bodies for profit against the will of families, a bipartisan group of Colorado legislators has introduced a bill that would increase the punishment for future acts of that kind.
The “Offenses Committed Against A Deceased Human Body” bill would make it a felony to remove any person from a grave or other resting place without consent of the family. Current law classifies abuse of a corpse as a misdemeanor.
Rep. Matt Soper, R-Delta County, who represents the district where Megan Hess, the former owner of the Sunset Mesa Funeral Directors, operated her funeral home and body broker business, sponsored the bill. He was joined by Sen. Rhonda Fields, D-Aurora, and Sen. Bob Gardner, R-Colorado Springs.
Conversations with families who felt betrayed by Sunset Mesa demonstrated the need for this bill, Soper said.
“They understood the kind of white collar crime that existed — the deceptive business practice — but they wanted something more than that,” Soper said. “Something to the heart of what Megan Hess was doing. She was ripping apart their loved ones and they wanted to see stiffer penalties.”
Hess has denied the allegations and has declined to speak with The Denver Post on multiple occasions.
Soper considered sponsoring the bill last session but felt, as a freshman legislator, he needed more time.
This past summer he did more research, finding that Colorado ranked on the lower end of penalties for this type of crime. He also received input from district attorneys and the Colorado Criminal Defense Bar, learning of about 30 cases of abuse of corpses in Colorado over the past five years.
“Regardless of what happens with the Hess case, abusing a corpse should still be a felony,” he said. “And her case just illustrates why.”
Debbie Schum, who learned from the FBI that her best friend had been shipped off by Hess to an unknown location, said it’s about time these crimes are addressed and discussed. “This is not a once-in-a-millennial thing that happens,” Schum said. “It’s widespread. And it’s unacceptable in a civilized society.”
The bill marks the latest fallout from the Sunset Mesa case, which exploded in February 2018 after an FBI raid. Family members say Hess returned fake cremains in place of their loved ones, and federal investigators told some families the body parts were shipped as far away as Saudi Arabia. Hess faces multiple lawsuits as the U.S. attorney’s office in Denver weighs potential charges.
In response, Colorado legislators in June 2018 passed a law prohibiting anyone who owns more than a 10% stake in a funeral home or crematory from owning a body broker business. The law also required body brokers to register with the state.
State regulators in August revoked Hess’ insurance license after finding that she pocketed money intended to go toward future funeral services.