Last Updated on February 20, 2025
Everyone knows it’s illegal to hide the body of a murder victim, whether the person hiding the corpse is the murderer or someone aiding and abetting the murderer. But it’s also illegal to conceal a body even if the victim died due to an accident. In Vista, these charges are filed under California Penal Code 152 (PC). Contact a criminal lawyer immediately if you have been accused of concealing an accidental death.
Why Would Someone Conceal the Accidental Death of Another Person?
There are many reasons someone may conceal an accidental death. Movies and TV shows sometimes depict situations where people hide a corpse because they believe they will be accused of murder even though the victim died as a result of an accident. In real life, many people have been caught after they concealed the death of a family member to keep collecting benefits, such as pensions, social security checks, etc. In some cases, people act out of a misguided belief that they are helping the deceased by hiding the fact that their loved one died in an embarrassing manner, through a drug overdose or sexual mishap, for example.
Occasionally, someone who doesn’t know the victim may hide the body to avoid police attention. For example, if someone who cooks methamphetamine discovers a body on his land, he likely wouldn’t want to call the police, so he may hide the body to avoid an investigation on his property.
What is the Charge for Hiding a Body in California?
Whatever the reason someone conceals the body of someone who died in an accident, the crime will be charged under California Penal Code 152 (PC). The law prohibits concealing the body itself, as well as hiding or destroying body fluids, tissues, and evidence related to how the death occurred. In other words, even if you report the death police, you could still be charged under this statute for flushing a bottle of pills someone used to kill themselves.
152 (PC) also makes it a crime to make it more difficult for investigators or the deceased’s loved ones to find the body. For example, reporting seeing the person alive far away from where the body actually is located would be a crime under this law.
This crime has two elements: 1) the act was accidental, and 2) the suspect either concealed the body (or other evidence related to the death) or frustrated the ability of the deceased person’s family members or authorities to discover the body.
While illegal, this crime is not as commonly prosecuted as being an accessory to a homicide. Generally, prosecutors and police are more likely to focus on those who assist in hiding a body that died due to a manslaughter or murder, and these suspects face far graver legal consequences.
Does Penal Code 152 (PC) Apply to Death From Natural Causes?
No. If the person died from natural causes such as a heart attack or stroke, this law doesn’t apply. The death must be accidental, which means that it was unexpected, such as a car accident, fire, fall, drowning, suicide, or an incident involving a weapon.
Is it Illegal to Not Report a Dead Body?
Seeing a corpse and failing to report it is not a crime under 152 (PC). Instead, a person must have actively either hidden the body or evidence or made it more difficult for police or family members to find the body.
What is the Sentence for Concealment of an Accidental Death?
Penal Code 152 (PC) is a misdemeanor crime. It is punishable by up to one year in jail and a fine of up to $10,000. If you attempted to hide the body but found that you could not do so, you will be sentenced to half of what you would be sentenced to if you were found guilty of actually committing the crime. Attempted charges sometimes apply when someone is caught trying to conceal a death or was unable to move a body to a new location.
Depending on the specifics of the situation, those charged with this crime may also face other charges, such as destroying evidence, manslaughter, perjury, or lying to the police. A skilled criminal defense attorney can help you fight these charges or negotiate a plea bargain to minimize the charges you may face.
If you have been accused of violating 152 (PC) after concealing a body or evidence of an accidental death, please call (760) 643-4050 to schedule a free initial consultation with Peter M. Liss.
