What they did -- what they wanted to do -- isn't a crime.
According to The Associated Press:
A judge was correct to dismiss the charges against twin brothers Nicholas and Alexander Grunke and Dustin Radke, all 21, because lawmakers never intended to criminalize sex with a corpse, the District 4 Court of Appeals said in a 3-0 ruling.
The three men went to a cemetery in Cassville in southwestern Wisconsin on Sept. 2 to remove the body of Laura Tennessen, 20, who had been killed the week before in a motorcycle crash.
The men used shovels to reach her grave. They abandoned their plan and were eventually arrested after a vehicle drove into the cemetery and reported suspicious behavior, authorities said.
They said the men had seen an obituary of Tennessen with her photo and wanted to dig up her body to have sexual intercourse. Such an act is known as necrophilia.
The men were charged with attempted third-degree sexual assault and misdemeanor attempted theft charges. But Grant County Circuit Judge George Curry dismissed the sexual assault charges in September, saying no Wisconsin law addressed necrophilia. Prosecutors appealed his ruling.
On the way to rob the grave, the three men stopped at a Wal-Mart to buy condoms. Make of this what you will.