A Court of Appeals has dismissed attempted sexual assault charges against three men involved in necrophilia after it was found that Wisconsin has no law against having sex with a corpse.

Twin brothers Nicholas and Alexander Grunke and Dustin Radke, 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 intended to dig up Tennessen's corpse to have sex with it after seeing her obituary photo. However, their plan failed and the trio was eventually arrested after a vehicle drove into the cemetery and reported suspicious behavior.

According to AP reports, the three 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. Judge Curry reasoned that there was now law in Wisconsin that addressed necrophilia.

Prosecutors appealed his ruling saying the law was ambiguous but it does not ban necrophilia and was used to make sure prosecutors could bring sexual assault charges in rape-murder cases in which the victim is killed.

Following the ruling, Wisconsin Sen. Dale Schultz (R-Richland Center) has introduced legislation that would make having sex with a corpse a felony, punishable by up to 6 years in prison and a $10,000 fine.

The bill, if passed, would punish any person who intentionally disturbs a burial site or a buried human corpse.