Is it a felony to dig up a grave?
Asked by: Armando Kihn | Last update: February 14, 2026Score: 4.2/5 (32 votes)
Yes, digging up a grave without legal authority is a serious crime, often a felony, classified as grave desecration, abuse of a corpse, or grave robbing, carrying penalties like significant prison time and fines, as it violates laws protecting human remains and cemetery sanctity, with strict legal processes required for any disinterment.
What is the legal term for digging up a grave?
Exhume. To dig up a buried body. Involves legal permission and valid reasons. Disinter. To remove a body from its grave.
What are valid reasons to exhume a body?
A corpse may be exhumed for forensic investigations (like identifying murder victims or gathering evidence with new technology), legal reasons (proving paternity, resolving estate issues), family requests (reburial, cremation, family plot reunification, repatriation), or administrative/development needs (cemetery redevelopment, lease expiration), requiring court orders and strict protocols due to its sensitive nature.
Can you remove graves on your property?
It is illegal to dismantle cemeteries or remove gravestones. Property owners must go through a lengthy legal process before altering such a site, often requiring that they obtain permission from relatives.
What kind of crime is grave robbing?
Grave robbery, tomb robbing, or tomb raiding is the act of uncovering a grave, tomb or crypt to steal commodities; the term looting is also used. It is usually perpetrated to take and profit from valuable artefacts or personal property.
Busted Digging Up Graves to Sell Human Remains
Can you go to jail for digging up a grave?
It is a class C felony to interfere with a cemetery or burial ground by (1) intentionally destroying, mutilating, defacing, injuring, or removing any tomb, monument, gravestone, or other structure or any fence, railing, curb, or other enclosure or (2) wantonly or maliciously disturbing the contents of any tomb or grave ...
What is considered a grave felony?
- Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Article 25 of this Code.
Can you legally dig up a grave?
Yes, it is generally illegal and a serious crime to dig up a grave without legal authorization, often classified as a felony, because it violates laws protecting human remains and cemetery sanctity, requiring court permission for any exhumation, except in specific authorized circumstances like historical preservation or natural disaster response. Laws prohibit disturbing interred remains, and unauthorized digging can lead to felony charges, as seen in various state statutes.
What do two pennies on a grave mean?
Leaving coins on a grave, especially military headstones, is a tradition where different coins signify different connections: a penny means "I visited," a nickel means "we trained together" (boot camp), a dime means "we served together," and a quarter means "I was there when you died" or "you were there when I died". This practice communicates respect and remembrance, showing the deceased isn't forgotten, and the coins are often collected for cemetery upkeep.
What happens to your grave site after 100 years?
After 100 years, graves in places like the U.S. are usually left undisturbed, with bodies decomposed into skeletons, and headstones weathered, though some countries lease plots for fixed terms (e.g., 15-30 years), leading to exhumation and reuse if not renewed, while other systems involve relocating remains to ossuaries to make space. In the U.S., burial rights are often perpetual, meaning plots aren't reused unless the family neglects them or pays extra for perpetual care, but neglect, abandonment, or space constraints can lead to re-use or relocation, especially in older or less-funded cemeteries, with remains either moved deeper or stored elsewhere.
Why do they cover the legs in a casket?
Legs are covered in a casket for respect, dignity, and practicality, focusing attention on the face, hiding potential injuries or post-death swelling, and adhering to tradition or religious beliefs, creating a more peaceful and less distracting presentation for mourners. This practice helps maintain a dignified appearance, especially if the cause of death involved trauma or if the body experienced post-mortem changes.
Is your DNA still in your ashes?
While the intense heat of cremation (1400-1800°F) usually destroys most DNA, tiny fragments can sometimes survive in dense bone or teeth, though successful extraction is rare and difficult, with very low success rates due to heat degradation and contamination. DNA analysis from ashes is a complex process, often yielding only mitochondrial DNA or degraded nuclear DNA, making definitive identification challenging, though specialized labs attempt it with limited success.
What happens the first 5 minutes after death?
In the first five minutes after death, the body stops breathing and the heart stops, leading to rapid loss of consciousness as the brain is deprived of oxygen, but some cellular and brain activity may persist, potentially causing reflexes or "memory flashbacks" as brain waves spike. Physical changes include skin paleness (pallor mortis), pupil dilation, muscle relaxation (releasing sphincters), and the start of body cooling (algor mortis), with blood pooling and gravity causing discoloration.
How much money does Grave Digger make?
While ZipRecruiter is seeing annual salaries as high as $105,500 and as low as $32,000, the majority of Grave Digger salaries currently range between $40,000 (25th percentile) to $88,000 (75th percentile) with top earners (90th percentile) making $99,500 annually across the United States.
Who has the right to exhume a body?
A person seeking to disinter a body must usually petition to have the body exhumed. The disinterment of a body can be ordered by the courts for the purpose of an autopsy. Courts can permit a body to be exhumed and an autopsy to be performed under certain circumstances in order to discover truth and promote justice.
How much does exhumation usually cost?
The final cost can range from $5,000 to $15,000 or more, including the reburial of the body at the new location. On average, the cost of exhumation and moving cemetery plots can range from $5,000 to $20,000 or more, although this can vary significantly depending on the specific circumstances.
Why should you never touch coins left on a gravestone?
You should never touch coins on a gravestone out of respect for the deceased and their loved ones, as they are meaningful, silent messages indicating someone visited, with different coin types signifying various relationships (penny = visited; quarter = present at death). Disturbing these tokens is disrespectful to the personal tribute and the grieving family, though coins are often collected by cemeteries for upkeep.
What does leaving a rock on a grave mean?
People put rocks on graves, especially in Jewish tradition, to show remembrance, mark a visit (a symbolic "I was here"), and honor the deceased, with stones symbolizing permanence where flowers fade. The practice also has ancient roots, possibly from marking graves in the desert with cairns, or as a practical way to keep priests away from corpses; symbolically, stones can anchor the soul to the earth or ward off evil spirits.
What should you not put on a gravestone?
You should not put offensive language, hate speech, or controversial political/religious symbols on a gravestone; also avoid breakable items (glass/ceramic), large decorations, fencing, stuffed animals, and anything that obstructs maintenance, always checking cemetery rules first as they prohibit many items for safety and upkeep, like chalk or harsh chemicals for cleaning.
Why is digging up graves illegal?
It's illegal to dig up a grave because it violates laws protecting human remains and burial sites, considered sacred and inviolable under common law and statutes like Abuse of a Corpse or Cemetery Desecration, requiring court orders or next-of-kin consent for legal disinterment due to public policy upholding the sanctity of the grave. Violations can lead to serious felony charges, as it's seen as disturbing the dead, vandalism, or theft, even if done for seemingly benign reasons like moving ashes or family relocation.
Why are gravestone rubbings illegal?
Most importantly, you must contact the cemetery before heading out with supplies in hand. Many cemeteries prohibit headstone rubbing because of potential damage, so check with the proper authorities, such as the cemetery superintendent, cemetery commissioner, or even a historical society.
Does the Bible say not to visit graves?
While the Bible does not require visiting graves, it recognizes the value of honoring the memory of loved ones. Visiting a grave can provide: A place for reflection – remembering the person's life and the impact they had. An opportunity for gratitude – thanking God for their life and testimony.
What's the worst felony to get?
The "worst" felony is typically a Capital Felony, often defined as premeditated murder, treason, or espionage, carrying penalties of life imprisonment or the death penalty, though federal systems classify the most severe as Class A felonies, which also include murder, terrorism, and large-scale drug trafficking, punishable by life in prison or the death penalty. Specifics vary by state, but generally, the most serious crimes (like first-degree murder, aggravated sexual assault, arson causing death) fall into the highest categories (Class A, First Degree, Capital).
What are the 4 types of punishment?
The four main types of punishment in criminal justice are retribution, deterrence, incapacitation, and rehabilitation, each serving a different goal: making offenders pay for their crime (retribution), discouraging future crime (deterrence), preventing them from committing more offenses (incapacitation, e.g., prison), or changing their behavior to be law-abiding (rehabilitation).
What is the least serious felony?
The least serious felony is typically a Class E or Class I felony, depending on the state, often involving non-violent property crimes, certain drug possession, or lower-level financial fraud, but penalties still range from probation to several years in prison, with examples including grand larceny or criminally negligent homicide in NY, or dog larceny in NC, though which specific crime qualifies depends heavily on jurisdiction and the offender's record.