Q: Is theft of cremated remains a crime in Rhode Island?
I am trying to understand the criminal implications of the theft of cremated human remains. My 23-year-old son, who passed away from a fatal heart attack, was residing in a group home. After his death, the directors of the group home were given his cremated remains in a sealed container. However, before the container was given to me, they opened it and removed a substantial portion of the ashes. I have notified the police, and there was no will left by my son. I am his mother and was listed as his emergency contact at the group home. I need to know if what the directors did constitutes a criminal act and what steps I might take.
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A:
In Rhode Island, the theft of cremated remains could potentially be considered a criminal act, as it involves the unauthorized taking of property, especially if the remains were meant to be returned to the legal next of kin. While the law may not specifically address cremated remains, taking someone else’s property, especially under such circumstances, could be classified as theft or desecration of human remains. Since you were listed as the emergency contact and are the mother of the deceased, you may have legal rights to the remains.
The first step you’ve already taken—contacting the police—is crucial. They will investigate the matter and determine whether the actions of the group home directors rise to the level of a criminal offense. If the police confirm that the directors unlawfully took or tampered with the remains, they may pursue charges.
In the meantime, you should gather any relevant documentation, such as proof that you were the emergency contact and any communication regarding your son’s remains. A lawyer can help you understand your rights and options for seeking restitution or addressing the wrongful actions of the group home. Taking these steps can help ensure that your son's remains are properly returned to you and that any potential criminal conduct is addressed.
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