Massachusetts General Laws

Mass. Gen. Laws ch. 272, § 73 (2026)

Tombs, graves, memorials, trees, plants; injuring, removing

✓ current as of July 2026
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Section 73. Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, American flag, veteran's grave marker, metal plaque, veteran's commemorative flag holder, commemorative flag holder representing service in a police or fire department, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars. In addition, the court shall order any person convicted of an offense pursuant to this section to pay restitution to the owner of the property that was damaged, destroyed, mutilated, defaced, injured or removed.

Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: Commonwealth v. Famigletti, 354 N.E.2d 890 (Mass. App. Ct. 1976).
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Commonwealth v. Famigletti, 354 N.E.2d 890 (Mass. App. Ct. 1976). “The other three indictments charged the defendant with violations of G. L. c. 272, § 73: One indictment charged that he “did wilfully mutilate, deface and injure a gravestone”; a second indictment charged that he “did wilfully remove and destroy a gravestone”; and the third…”
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