Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

34B Sexual activity with the corpse of a human being

(1)A person (A) commits an offence if—

(a)A intentionally engages in an activity involving the corpse of a human being; and

(b)the activity is sexual.

(2)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(3)For the purposes of subsection (1)—

(a)an activity is sexual if it would involve sexual penetration as defined by section 35A were the corpse a person;

(b)an activity may be sexual due to—

(i)the area of A's body or of the corpse involved in the activity, including (but not limited to) the genital or anal region, the buttocks or, in the case of a female, the breasts; or

(ii)the fact that A seeks or gets sexual arousal or sexual gratification from the activity; or

(iii)any other aspect of the activity, including the circumstances in which it takes place.

1Exceptions apply to this offence—see section 34BD.

2A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 34BE.