§ 14-149. Desecrating, plowing over or covering up graves; desecrating human remains. - North Carolina Statutes

§ 14‑149.  Desecrating,plowing over or covering up graves; desecrating human remains.

(a)        It is a Class Ifelony, without authorization of law or the consent of the surviving spouse ornext of kin of the deceased, to knowingly and willfully:

(1)        Open, disturb,destroy, remove, vandalize or desecrate any casket or other repository of anyhuman remains, by any means including plowing under, tearing up, covering overor otherwise obliterating or removing any grave or any portion thereof.

(2)        Take away, disturb,vandalize, destroy, tamper with, or deface any tombstone, headstone, monument,grave marker, grave ornamentation, or grave artifacts erected or placed withinany cemetery to designate the place where human remains are interred or topreserve and perpetuate the memory and the name of any person. This subdivisionshall not apply to the ordinary maintenance and care of a cemetery.

(3)        Repealed by SessionLaws 2007‑122, s. 2, effective December 1, 2007, and applicable tooffenses committed on or after that date.

(a1)      It is a Class Hfelony, without authorization of law or the consent of the surviving spouse ornext of kin of the deceased, to knowingly and willfully disturb, destroy,remove, vandalize, or desecrate any human remains that have been interred in acemetery.

(b)        The provisions ofthis section shall not apply to a professional archaeologist as defined in G.S.70‑28(4) acting pursuant to the provisions of Article 3 of Chapter 70 ofthe General Statutes. (1889, c. 130; Rev., s. 3681; 1919, c. 218; C.S., s. 4321; 1981, c.752, s. 2; c. 853, s. 5; 2007‑122, s. 2.)