Is Cannibalism Legal in the United States?

Cannibalism, the act of consuming human flesh, is one of the most controversial and taboo topics in society. While often associated with historical rituals, survival situations, and criminal cases, it raises a significant legal question: Is cannibalism legal in the United States?

Surprisingly, there are no federal laws in the U.S. that explicitly prohibit cannibalism. However, acts associated with it—such as murder, corpse desecration, and grave robbing—are strictly illegal. This means that while the act of eating human flesh itself may not be explicitly banned, obtaining human flesh legally is nearly impossible.

This article explores the legal status of cannibalism in the U.S., related laws, notable cases, and ethical considerations surrounding the practice.

Table of Contents

Is Cannibalism Illegal in the United States?

1. No Federal Law Against Cannibalism

Cannibalism itself is not explicitly outlawed under U.S. federal law. However, engaging in cannibalistic acts almost always involves committing other serious crimes, making it effectively illegal in practice.

2. State Laws and Related Crimes

While no state directly criminalizes cannibalism, most states prohibit actions that lead to it, such as:

Murder – Killing someone to consume their flesh is a criminal homicide (illegal in all states).
Desecration of a Corpse – In most states, tampering with, mutilating, or consuming a corpse is a felony.
Grave Robbing – Digging up human remains for any reason, including cannibalism, is illegal.
Assault and Kidnapping – Forcing or coercing someone into an act of cannibalism could result in charges of assault, battery, or false imprisonment.

States with Specific Laws Related to Cannibalism

While no U.S. state has a direct law against cannibalism, some states explicitly criminalize corpse desecration, body mutilation, or abuse of a cadaver, making cannibalism indirectly illegal.

1. Idaho – The Only State with a Cannibalism Law

Idaho is the only U.S. state that explicitly criminalizes cannibalism. According to Idaho Code § 18-5003, cannibalism is illegal unless it is done “under extreme life-threatening conditions as the only apparent means of survival.”

This means that survival cannibalism (e.g., eating human flesh to avoid starvation) may be defensible in court.
However, voluntary or criminal cannibalism is strictly punishable.

2. California – Prohibition of Corpse Mutilation

Under California Penal Code § 7052, it is illegal to mutilate, disinter, or remove human remains.
While eating human flesh itself is not mentioned, acquiring human remains without legal permission is a crime.

3. Texas – Abuse of a Corpse

Texas Penal Code § 42.08 prohibits knowingly consuming, mutilating, or disturbing a human corpse.
This law makes practicing cannibalism legally impossible without violating other statutes.

4. Georgia – Prohibiting Cannibalistic Rituals

Georgia Code § 16-12-160 criminalizes eating or using human flesh in any religious, sacrificial, or ritualistic act.
Even if consent were given, such acts would be punishable under state law.

Survival Cannibalism: A Legal Grey Area

While murder and corpse mutilation are illegal, there have been cases where people were forced into cannibalism due to survival situations. Some courts have recognized that in life-or-death scenarios, cannibalism could be a defensible legal action.

1. The Donner Party (1846-1847)

One of the most infamous cases of survival cannibalism in U.S. history.
A group of pioneers traveling to California became trapped in heavy snowstorms and resorted to cannibalism to survive.
No legal action was taken against the survivors because they only consumed already deceased individuals.

2. The Andes Flight Disaster (1972)

A Uruguayan rugby team’s plane crashed in the Andes mountains.
Survivors were forced to consume the flesh of dead passengers to stay alive.
No criminal charges were filed, as courts acknowledged the necessity of their actions for survival.

3. Alfred Packer Case (1874)

Packer and his group were stranded in the Rocky Mountains.
He later admitted to killing and eating his companions, but claimed self-defense.
Convicted of manslaughter rather than cannibalism itself.

Cases of Criminal Cannibalism in the U.S.

While survival cannibalism is occasionally tolerated, criminal cases involving murder and cannibalism have resulted in severe legal consequences.

1. Jeffrey Dahmer (Milwaukee Cannibal, 1978-1991)

Murdered 17 victims and engaged in cannibalism.
Convicted of multiple counts of homicide and sentenced to life imprisonment.

2. Armin Meiwes (German Cannibal Case, 2001)

Though not in the U.S., this case raised international legal questions.
Meiwes consumed a willing victim who consented to be eaten.
Convicted of murder despite victim consent, highlighting that cannibalism remains punishable even when voluntary.

3. Austin Harrouff (Florida Cannibal Case, 2016)

Killed two people and was found biting one of the victims’ faces.
Claimed he was under the influence of psychosis or drugs.
Declared not guilty by reason of insanity, showing how mental health considerations play a role in cannibalism-related cases.

Ethical and Psychological Aspects of Cannibalism

Even where it is not explicitly illegal, cannibalism is considered morally and socially unacceptable due to:

Ethical Concerns – Violates human dignity and social norms.
Religious and Cultural Taboos – Most societies strongly condemn cannibalism, making it socially unacceptable.
Psychological Disorders – Many cannibals suffer from mental health conditions such as schizophrenia, psychopathy, or severe trauma.

Frequently Asked Questions (FAQs)

1. Can you legally eat human flesh in the U.S.?

While there is no federal law explicitly banning cannibalism, obtaining human flesh without committing other crimes (murder, corpse desecration) is nearly impossible.

2. Is cannibalism legal if the person consents?

No. Even with consent, murder is illegal, and consuming human flesh usually involves other legal violations.

3. Are there any places in the U.S. where cannibalism is explicitly legal?

Only Idaho has a specific law criminalizing cannibalism. However, other states make it indirectly illegal through related laws.

4. Could someone be charged with cannibalism alone?

No, because there is no specific law against cannibalism (except in Idaho). But related crimes like murder, corpse desecration, or grave robbery would result in prosecution.

Conclusion

While cannibalism is not explicitly illegal under U.S. federal law, it is effectively prohibited due to associated crimes such as murder, corpse abuse, and grave robbing. Idaho is the only state with a direct law against cannibalism, though most states indirectly criminalize it.

Cases of survival cannibalism have been tolerated under extreme life-threatening conditions, but criminal cannibalism, even with consent, remains punishable. Due to its moral, ethical, and legal implications, cannibalism is widely condemned and remains a legal gray area where society and law strongly discourage its practice.