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State Laws Regarding Cemeteries



The laws apply to all grave sites in the state, including those on private property. The law applies to everyone, including owners of the property on which the graves are located.

*It is a misdemeanor to willfully throw, place or put any refuse, garbage or trash on any cemetery; to take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery without authorization of law or next of kin; to take away, disturb, vandalize, destroy, tamper with or deface any tombstone, headstone, monument, grave marker, grave ornamentation, grave artifact, shrubbery, flowers, plants or other articles within any cemetery erected or placed to designate where a body is interred or to preserve and perpetuate the memory and name of any person, without authorization of law or descendants. The above acts are misdemeanors if the damage is less than $1,000.

*It is a Class I felony, without authorization of law or next of kin, to knowingly and willfully: Open, disturb, destroy, remove, vandalize or desecrate any casket, human remains or any portion thereof or the repository of such remains, by any means including plowing under, tearing up, covering over or otherwise obliterating or removing any grave; take away, vandalize, destroy any stone, brick, iron or other material or fence enclosing a cemetery causing damage of more than $1,000; take away, vandalize, destroy or deface any tombstone, headstone, monument, grave marker, grave ornamentation, grave artifacts, shrubbery, flowers, plants or other articles within any cemetery erected or placed to designate the place where any dead body is interred or to preserve and perpetuate the memory and the name of any person, causing damage of more than $1,000.
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2004
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