Cannibalism is defined as the consumption of another human's body matter, whetherconsensualor not. In the United States, there are nolawsagainst cannibalismper se, but most, if not all, states have enacted laws that indirectly make it impossible to legally obtain and consumethe body matter.Murder, for instance, is a likelycriminalcharge, regardless of anyconsent.Further, even if someoneconsentsto being eaten and ends their own life, the cannibal may still be liable forcriminalorcivilactions based on laws governing the abuse or desecration of a corpse, which vary by jurisdiction.
- For example: In Oklahoma, 21 OK Stat § 21-1161.1 (2021) part D states “For purposes of this section, “desecration of a human corpse” means any act committed after the death of a human being including, but not limited to, dismemberment, disfigurement, mutilation, burning, or any act committed to cause the dead body to be devoured, scattered or dissipated; except, those procedures performed by a state agency or licensed authority in due course of its duties and responsibilities for forensic examination, gathering or removing crime scene evidence, presentation or preservation of evidence, dead body identification, cause of death, autopsy, cremation or burial, organ donation, use of a cadaver for medical educational purposes, or other necessary procedures to identify, remove or dispose of a dead body by the proper authority.”
Related Cases:
Thecasethat established in thecommon lawthatnecessityis not adefensetomurderalso involves cannibalism.Regina v. Dudley and Stephensis an Englishcriminalcaseconcerning two men who survived a shipwreck in the 19th century. Thedefendantsand two other shipmateswere marooned on a raft after their vesselwas destroyed in a storm.They had no fresh water and little food. In desperation,one of the mendrank sea water to slake his thirst, but it only madehim sick with dehydration and eventually he lost consciousness.Dudley then killed him, and the three survivors drank his blood and ate his body for the next week before being rescued.Despite the dire circ*mstances andevidencethat the victim was near death anyway by the time Dudley killed him, thedefendantswerefoundguiltyandsentencedto death. Theirsentenceswere later commuted to six months in prison.
In 2001, a German man named Armin Meiwes found someone through a cannibalism fetish websitetoconsentto being killed and eaten. After meeting, Meiwes killed the victim and butchered his body, freezing the meat for future consumption. Meiweswas apprehended andarrestedseveral months later. Although cannibalism was not illegal in Germany, Meiweswas initially convicted of manslaughter. He later received a retrial at the prosecutors' request and was convicted of murder.
[Last updated in September of 2022 by the Wex Definitions Team]
