The basics of cannibalism and the law
Cannibalism, as defined in the Encyclopedia of Psychology, is "the act or behavior of consuming all or part of another individual’s body." In a medical context, cannibalism generally refers to human corpses. Although there are historical reports of cannibalism among groups of people, it is rarely observed in modern society. It is frequently portrayed in horror movies, often as a part of a "zombie" plot, and is considered gruesome enough that it generally draws a strong response from audiences.
Legally, the term is also sometimes applied to the practice of non-ceremonial cannibalism of deceased individuals, such as cannibalism of corpses in a Munchery-like scenario. When this non-ceremonial cannibalism occurs, it is generally charged and punished as a crime of necrophilia, barring any other crime being greater such as desecration of a corpse, murder, assault, or other crimes wherein the core of the crime lies in the assault or murder of a person. Nevertheless, cannibalism is not explicitly identified under any U.S. law as a separate criminal act.
The State of Missouri has criminalized acts of cannibalism. Missouri Revised Statute, Section 565.300 (2003) "Definitions," defines "parts of another human being" as: "The body, or any part, of a dead human being, including, but not limited to, bones, blood, organs, and tissue . " Cannibalism itself is defined as "The act of knowingly causing the death or disfigurement of another person or knowingly leaving unconsumed the body parts of another human being." Missouri Revised Statute, Section 565.310 (2018) "Cannibalism," (emphasis added). The statute also criminalizes leaving a body unconsumed if a corpse had been extracted and consumed from it. Although the terms used in these statutes are not common in everyday language, the term "disfigurement" is defined by the Webster Dictionary as, "To impair or injure the appearance of: such as, a: to mar the beauty or perfection of b: to subject to defacement." In § 565.310, the disfigurement element is scored with a Class A felony. This is because the standard for the disfigurement element is the same that would be used for the crime of murder, which is "knowingly."
Clearly, all of these references and legal definitions make it so that cannibalism is difficult to accomplish without committing multiple felonies with higher or equal degrees of severity. Cannibalism may not be at this point quite like it is in Abel Ferrara’s Ms. 45, where the main character is a mute woman that spends the time she is not raping and killing men working in an industrial laundry, yet instances of cannibalism are rare and statutorily protected against in the United States.
Cannibalism laws in Missouri
While Missouri does not have a dedicated statute for cannibalism, the act of cannibalism itself, as defined under Missouri’s laws, falls under murder or desecration of a corpse. Murder is addressed under statutes 565.021 to 568.026 and desecration of a corpse under statutory section 574.085. Missouri also has laws addressing necrophilia which is defined under Missouri Revised Statute § 567.010. It provides that if a person "engages in sexual intercourse with a deceased person" they will be guilty of a class D felony, punishable by a maximum 7 years in prison. In addition, Missouri hearkens to state of mind on part of the defendant in the murder provisions addressing cannibalism. Therein, section 565.021 provides that a "person commits the offense of murder in the first degree if he or she purposely and with premeditation kills… (2) Any person after deliberation whether he or she will be caught or arrested." Implicitly, this statute would ensure an application of first-degree murder to cannibalism so long as the defendant previously deliberated upon it.
Cases of cannibalism in Missouri
Historical cases of cannibalism in Missouri are few and far between, given the stigma that such acts attract. However, one of the most notorious cannibalism-related incidents to take place in the state occurred in 1958 and was perpetrated by a man named Roby Dale Stevenson, Jr., who was the last person ever convicted of cannibalism in the state.
The details of the case would be gruesome in any context—and were especially so, considering that Stevenson was a police officer at the time. He met the victim, a woman named Juanita Highsmith, at a local hospital where he was employed as a nurse. After getting her pregnant, the two (who were both married to other people) moved through the process of tying up loose ends before eventually committing murder. Investigators alleged that Stevenson killed Highsmith with the ashtray from his cruiser, beat her to death and then chopped up her body so that he and his brother could dispose of it in various ways.
The crime gained national media attention, and while it was serious enough to bring about a conviction, it would seem even that was not enough to stick to Stevenson. Just four years into his 50-year sentence, he managed to escape prison and went on the run with his wife and brother before ultimately being apprehended. In the decades since then, he has been paroled several times and subsequently charged with a slew of robbery and theft charges.
As shocking as Stevenson’s actions were, they were far from the first example of cannibalism to be committed in Missouri. In 1856, a man named Alexander Laverty escaped from a mental hospital and found himself in a small town in Clay County, just north of the Kansas City area, only to commit murder and eat some of the victim’s body. He was later apprehended and convicted, and though he was sentenced to life in prison, he was released just 10 years into his term and went right back to killing and eating more of his victims.
Cannibalism is a rare crime, both in Missouri and across the U.S. as a whole. Nevertheless, if you are charged with this crime, you will need the help of an experienced St. Louis criminal defense attorney to improve your chances of avoiding the most severe penalties.
Legal repercussions and penalties
The notable exceptions to these laws may be found in contexts such as grave robbing and scientific study accompanied by a proper waiver. Otherwise, acts of cannibalism are dealt with under general criminal statutes related to homicide and desecration of a corpse. Among the more common charges are murder in the first degree (RSMo 565.020), which is defined as killing a person with premeditation; second degree murder (RSMo 565.021), which is simply a murder that is not first degree murder; and voluntary or involuntary manslaughter (RSMo 565.020), the definitions for which are similar to those found in many other states. To be charged with desecration of a corpse under RSMo 575.205 , one must have intentionally committed any of a number of acts that result in or can be reasonably prevented from causing "serious degradation of the victim’s body." Mutilation of corpse is also generally dealt with under the general statutes relevant to mutilations and killings, as there is little formal difference between those acts and cannibalism in differing jurisdictions. Likewise, the Missouri statutes specifically devoted to cannibalism are too vague to determine the particular degree of punishment that would be appropriate in a specific case.
Public perception and cultural attitudes
As with many controversial issues, public opinion and cultural perspectives can have a large influence on how acts of cannibalism are viewed legally in Missouri. For example, the level of religious observance and the prevalence of certain historical or cultural practices may affect how acts of cannibalism are treated. Currently, the overwhelming perception of public opinion holds that cannibalism is morally indefensible and socially unacceptable.
This is not to say that cannibalism has always been considered taboo. While the historical implications of cannibalism in the Americas have led to its adoption as common legal practice, the modern perspective is that it is a last resort! Current trends appear to view cannibalism as both primitive and barbaric, while cultural influences such as the interpretation of the Bible and other religious texts cast acts of cannibalism in a negative light. This has contributed to the overwhelming perception that cannibalism is a backwoods activity that is associated with underdeveloped areas. Gossip about cannibalistic practices carries a great deal of weight in the court of public opinion due to this perception.
The modern media has also affected the public perception of cannibalism. Cannibalism-focused films and television shows have all but disappeared in the wake of the cultural stigma, permitting the media to turn a blind eye to this complicated issue. This may change at any time however and, if cannibalism becomes more prevalent in popular culture, it may affect future public perceptions and opinions.
In the end, Kansans who are found to have committed acts of cannibalism in Missouri are expected to endure prosecution, ostracism, and unrelenting stigma. Even if cannibalism is a misunderstood practice, there is little sign that public sentiment over the offense is likely to change soon.
Legal protection and prevention
If you, or someone you know, gets caught up in a situation where cannibalism laws are broken, the best advice is to seek out and follow legal counsel. Cannibalism is a felony crime in the state of Missouri. You cannot effectively fight the law if you don’t understand it yourself. And unless you have years of training and experience as an attorney, you will not carry a strong enough case to represent yourself. There are professional methods of protecting yourself from punishment. Avoiding those methods is not going to help your case. We understand that doing your research on the law means getting better informed about it. However, along with any potential punishment or conviction, Missouri will put you on a public list of sex offenders, for the rest of your life. Potent penalties include prison time that can last a lifetime, and a long time in penitentiary. So this is not only simply about public opinion. This is a serious matter that requires access to the law. The law demands that you know what you are up against, as well as know the legal limits of what you can do. Otherwise, you risk a dangerous future. The best way to prevent cannibalism from happening is to be mindful about your future . As your interests and preferences evolve, just be careful about what you chose to act on. Pay attention to your surroundings, and always be aware of what you should be doing, and what you shouldn’t. Most importantly, get informed about what is right and wrong. Be aware of the overall law, so that you can step away from anything that might be confused with illegal activity. As far as prevention goes, the law is quite clear. Cannibalism is a crime. If anyone tells you otherwise, respect the law enough to know that they are wrong. Just because someone has done it without consequence, doesn’t mean that you will be able to, too. There are many different types of cannibalism, and more laws within each subsection of cannibalism. Be certain of what you are committing to, and make sure that nothing you do crosses the line into breaking the law. Overall, the law is simple. Breaking it could ruin your life. Legal aspects of cannibalism include felonies, treatment as a sexual offense, and the potential for a very long jail sentence. Cannibalism is not something you want to be a part of. Stay safe and stay informed by seeking legal advice.