Concealment of birth is the offence of a parent or other responsible person failing to report the birth of a child, most often applied when authorities are not informed of a stillbirth or the death of a newborn. It is a crime in many countries, carrying penalties that vary by jurisdiction, and is distinct from the separate offence of disposing of a dead child's body with intent to conceal the birth.
Facts
Classification CodeEngland and Wales and Northern Ireland: section 60 of the Offences Against the Person Act 1861. South Africa: section 113 of the General Law Amendment Act, 1935, as amended by the Judicial Matters Amendment Act 66 of 2008. New South Wales, Australia: section 85 of the Crimes Act 1900. 1 Typical PenaltyPenalties vary by jurisdiction: up to two years imprisonment in England and Wales, up to three years imprisonment in South Africa, and in the United States a felony in some states (such as Arkansas) but only a misdemeanor in others (such as Washington); concealment of birth was formerly a capital offense in the United States, last enforced in 1785. 1 Elements of OffenseIn England and Wales, concealment of birth requires the secret disposition of a dead child's body, whether the child died before, at, or after birth, done to endeavour to conceal the birth; in South Africa it requires disposing of a newly born child's body without a lawful burial order with intent to conceal the fact of its birth. 1 Notable ExampleHannah Piggen of Massachusetts was the last person put to death in the United States for concealing the birth or death of an infant, executed in 1785. 1 Jurisdiction VariationTreatment varies widely: it is a distinct statutory offense in England and Wales, Northern Ireland, South Africa and several Australian states and territories, a component of separate infanticide-related offenses in Canada, and in the United States ranges from a felony in Arkansas to a misdemeanor in Washington, having once carried the death penalty. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. Concealment of Birth (Wikipedia)
WikipediaWikipedia, England and Wales and Northern Ireland section
In England and Wales, and in Northern Ireland, section 60 of the Offences Against the Person Act 1861 (24 & 25 Vict. c. 100) creates the offence of concealing the birth of a child:
Wikipedia, Australia section, New South Wales
Section 85 of the Crimes Act 1900 creates the offence of concealment of birth.
Wikipedia, South Africa section, section 113
Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence
Wikipedia, England and Wales and Northern Ireland section, penalty clause
liable, at the discretion of the court, to be imprisoned for any term not exceeding two years
Wikipedia, United States section
In 1785, Hannah Piggen from Massachusetts was the last person to be put to death for concealing the birth/death of an infant.
Wikipedia, United States section, state variation clause
Its seriousness as a crime, however, differs from state to state, ranging from a felony in Arkansas to a misdemeanor in Washington.
View the Source Department of Justice Canada (Justice Laws Website): Criminal Code, section 243
Department of Justice Canada (Justice Laws Website)In Group: Offenses Against Corpses and Graves, Section 243Quote, In Group: Offenses Against Corpses and Graves, Section 243
Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction.
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