# Legality of Cannibalism

**URL:** <https://boards.straightdope.com/t/legality-of-cannibalism/320740>\
**Category:** Factual Questions\
**Created:** [September 8, 2005, 11:47pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740 "2005-09-08T23:47:20Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 8, 2005, 11:47pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/1 "2005-09-08T23:47:20Z")

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Now, I can understand that murder, unauthorized surgery, etc. etc. are illegal, and cannibalism might be functionally illegal because there is no legit way of getting human flesh, but I always wondered if it is banned specifically anywhere in the western world(specifically, California).

Now I’m not particulary keen on trying any human chops any time soon, but it seems like a law like that would be hard to write and very hard to enforce. So what are some of the laws that restrict cannibalism. Would an enterprising cannibal be able to secure a fresh cadaver legally and feast? Would a research psychologist be able to feed cadaver flesh to volunteers in an experiment?  
Regards,

Yours truly gruesome,

Groman

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**Author:** ![Valgard](https://avatars.discourse-cdn.com/v4/letter/v/7feea3/32.png) [@Valgard](https://boards.straightdope.com/u/Valgard)\
**Post date:** [September 8, 2005, 11:51pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/2 "2005-09-08T23:51:59Z")

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At the very least couldn’t they could nail you with desecrating a corpse?

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 8, 2005, 11:59pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/3 "2005-09-08T23:59:08Z")

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> [@Valgard](#):
>
> At the very least couldn’t they could nail you with desecrating a corpse?

Well, a corpse is a physical object, and as such it has to belong to somebody. I suppose it would be part of the estate, but I am not a lawyer so I don’t know. I would imagine that a crime would be desecrating somebody elses corpse, but if you come into the possession of the corpse in a legit manner, then maybe you could at least eat it.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [September 9, 2005, 12:02am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/4 "2005-09-09T00:02:28Z")

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It seems in the US there is no specific law against cannibalism but circumstances surrounding cannibalism may well see you to jail.

> [@](#):
>
> In many parts of the world cannibalism is not considered a crime in and of itself and it is often only recognized in concurrence with another crime. For example, in Britain and the United States of America, cannibalism is not considered to be a felony, but is socially unacceptable. Those who have been found to participate in the gruesome act are usually charged with another crime that is directly related to the act of cannibalism, such as murder, grave robbery or necrophilia.
> 
> SOURCE: [http://www.crimelibrary.com/criminal\_mind/psychology/cannibalism/4.html?sect=19](http://www.crimelibrary.com/criminal_mind/psychology/cannibalism/4.html?sect=19)

The only exception that might see you by the law for cannibalism is survival cannibalism. Instances such as that protrayed in the movie _Alive_ about the plane crash in the Andes where some crash survivors resorted to eating those already dead. IIRC “necessity” is a viable defense in court cases and such a defense could be claimed in situations as that in _Alive_.

There have been court cases on this such as [The Queen v. Dudley and Stephens (1884)](http://wings.buffalo.edu/law/bclc/web/dudley.htm) that you might find interesting.

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**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\
**Post date:** [September 9, 2005, 12:04am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/5 "2005-09-09T00:04:17Z")

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[This fairly recent case of consensual cannibalism in Germany](http://news.bbc.co.uk/2/hi/europe/3286721.stm) has been fairly tricky in court because cannibalism is not explicitly illegal in Germany and the victim agreed to be killed and eaten.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [September 9, 2005, 12:57am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/6 "2005-09-09T00:57:49Z")

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> [@groman](#):
>
> Well, a corpse is a physical object, and as such it has to belong to somebody. I suppose it would be part of the estate, but I am not a lawyer so I don’t know. I would imagine that a crime would be desecrating somebody elses corpse, but if you come into the possession of the corpse in a legit manner, then maybe you could at least eat it.

A corpse is not part of an estate but belongs to the next of kin. When my father died, his heir was not allowed to sign the cremation authorization so I had to sign it.

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 9, 2005, 1:07am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/7 "2005-09-09T01:07:43Z")

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> [@SaintCad](#):
>
> A corpse is not part of an estate but belongs to the next of kin. When my father died, his heir was not allowed to sign the cremation authorization so I had to sign it.

So can the next of kin eat the corpse?

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**Author:** ![Doctor\_Who](https://avatars.discourse-cdn.com/v4/letter/d/ed8c4c/32.png) [@Doctor\_Who](https://boards.straightdope.com/u/Doctor_Who)\
**Post date:** [September 9, 2005, 1:19am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/8 "2005-09-09T01:19:44Z")

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I’m not sure about this, but it seems like (in most places) local or state statutes and ordinances would address this situation. For example:

I found this:

> [@](#):
>
> § 1332. Abusing a corpse; class A misdemeanor.
> 
> A person is guilty of abusing a corpse when, except as authorized by law, the person treats a corpse in a way that a reasonable person knows would outrage ordinary family sensibilities.

[here.](http://www.delcode.state.de.us/title11/c005/sc07/)

Now obviously, this is Delaware, and doesn’t apply everywhere. But I think you could argue that eating a corpse “would outrage ordinary family sensibilities.” YMMV.

It seems to me that siimilar statutes are probably on the books in most places, and a (legitimate) legal search would turn them up.

- Peter Wiggen

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 9, 2005, 2:23am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/9 "2005-09-09T02:23:03Z")

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I’m sure a lot of things done to cadavers would be considered… umm… improper, but that doesn’t stop medical science. Could there be a federal level permit law that allows certain individuals to do whatever they want?

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**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\
**Post date:** [September 9, 2005, 3:39am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/10 "2005-09-09T03:39:25Z")

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> [@PeterWiggen](#):
>
> I’m not sure about this, but it seems like (in most places) local or state statutes and ordinances would address this situation… But I think you could argue that eating a corpse “would outrage ordinary family sensibilities.” YMMV.
> 
> It seems to me that siimilar statutes are probably on the books in most places, and a (legitimate) legal search would turn them up.

I dunno… that seems awfully vague, like obscenity laws. Why don’t they just come out and say, “No-one shall desecrate\* a corpse, have sex with a corpse, or eat a corpse”? Except as allowed for survival situations or medical science, of course.

[sub]\*And they have to define ‘desecrate’ of course. Isn’t that ultimately a religious (or maybe anti-religious) act?[/sub]

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**Author:** ![scm1001](https://avatars.discourse-cdn.com/v4/letter/s/c4cdca/32.png) [@scm1001](https://boards.straightdope.com/u/scm1001)\
**Post date:** [September 9, 2005, 11:55am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/11 "2005-09-09T11:55:20Z")

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> [@Sunspace](#):
>
> I dunno… that seems awfully vague, like obscenity laws. Why don’t they just come out and say, “No-one shall desecrate\* a corpse, have sex with a corpse, or eat a corpse”? Except as allowed for survival situations or medical science, of course.
> 
> [sub]\*And they have to define ‘desecrate’ of course. Isn’t that ultimately a religious (or maybe anti-religious) act?[/sub]

because no matter how many precise situationsyou leglislate for, someone can always think of a new one. Put the corpse on the roof for everyone to see - let the animals eat it etc

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**Author:** ![Arjuna34](https://avatars.discourse-cdn.com/v4/letter/a/eb8c5e/32.png) [@Arjuna34](https://boards.straightdope.com/u/Arjuna34)\
**Post date:** [September 9, 2005, 12:28pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/12 "2005-09-09T12:28:28Z")

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Does the person have to be dead for it to be considered cannibalism? What if someone self-amputates a finger or an arm, and someone else eats it? Is that cannibalism, and is it illegal anywhere? For that matter, what if it’s the same person doing the eating - i.e. self-cannibalism?

Arjuna34

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [September 9, 2005, 1:01pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/13 "2005-09-09T13:01:23Z")

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There is at least one circumstance in which the consumption of human tissue is acceptable; placenta - it’s not unheard of for the mother to take it home with her for consumption (supposedly for health benefits such as reclamation of lost nutrients - it’s supposed to stave off post-natal depression). A friend of mine (who, incidentally, is a vegetarian) did this, but could not bring herself to eat it.

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**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\
**Post date:** [September 9, 2005, 4:36pm UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/14 "2005-09-09T16:36:05Z")

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> [@Arjuna34](#):
>
> Does the person have to be dead for it to be considered cannibalism? What if someone self-amputates a finger or an arm, and someone else eats it? Is that cannibalism, and is it illegal anywhere? For that matter, what if it’s the same person doing the eating - i.e. self-cannibalism?
> 
> Arjuna34

After I posted, I was wondering the same thing. Strictly speaking, this would extend to biting one’s nails…

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**Author:** ![Arjuna34](https://avatars.discourse-cdn.com/v4/letter/a/eb8c5e/32.png) [@Arjuna34](https://boards.straightdope.com/u/Arjuna34)\
**Post date:** [September 10, 2005, 2:36am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/15 "2005-09-10T02:36:26Z")

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> [@Mangetout](#):
>
> There is at least one circumstance in which the consumption of human tissue is acceptable; placenta - it’s not unheard of for the mother to take it home with her for consumption (supposedly for health benefits such as reclamation of lost nutrients - it’s supposed to stave off post-natal depression). A friend of mine (who, incidentally, is a vegetarian) did this, but could not bring herself to eat it.

In fact, that reminds me that Cecil has addressed that angle:  
[Is there really such a thing as … placenta stew?](http://www.straightdope.com/classics/a3_104.html)

Arjuna34

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**Author:** ![yBeayf](https://avatars.discourse-cdn.com/v4/letter/y/e274bd/32.png) [@yBeayf](https://boards.straightdope.com/u/yBeayf)\
**Post date:** [September 10, 2005, 3:24am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/16 "2005-09-10T03:24:31Z")

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What if a person, say, cuts off his lower leg with a saw, and then gives it to you to eat. Are you allowed to eat it? In this case, you didn’t do the cutting, and there’s no corpse to desecrate.

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 10, 2005, 3:25am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/17 "2005-09-10T03:25:48Z")

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> [@yBeayf](#):
>
> What if a person, say, cuts off his lower leg with a saw, and then gives it to you to eat. Are you allowed to eat it? In this case, you didn’t do the cutting, and there’s no corpse to desecrate.

But we all know the tastiest bit is the heart and brains of a nubile virgin, and ain’t nobody volunteering those bits! 😃

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**Author:** ![yBeayf](https://avatars.discourse-cdn.com/v4/letter/y/e274bd/32.png) [@yBeayf](https://boards.straightdope.com/u/yBeayf)\
**Post date:** [September 10, 2005, 3:28am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/18 "2005-09-10T03:28:19Z")

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Doh, **Arjuna34** already asked that.

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**Author:** ![FlyingRamenMonster](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@FlyingRamenMonster](https://boards.straightdope.com/u/FlyingRamenMonster)\
**Post date:** [September 10, 2005, 3:37am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/19 "2005-09-10T03:37:59Z")

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> [@yBeayf](#):
>
> What if a person, say, cuts off his lower leg with a saw, and then gives it to you to eat. Are you allowed to eat it? In this case, you didn’t do the cutting, and there’s no corpse to desecrate.

Oh, and supposing it is legal to eat the leg while he is alive, if he dies a few minutes later from massive blood loss would it still be legal to eat the leg?

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**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\
**Post date:** [September 10, 2005, 3:44am UTC](https://boards.straightdope.com/t/legality-of-cannibalism/320740/20 "2005-09-10T03:44:35Z")

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> [@csharpmajor](#):
>
> Oh, and supposing it is legal to eat the leg while he is alive, if he dies a few minutes later from massive blood loss would it still be legal to eat the leg?

I don’t think it’d be legal to eat the leg while he’s alive just because that’s assault. You can’t consent to assault.

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