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NC General Statutes

N.C. Gen. Stat. § 14-148 (2026)

Defacing or desecrating grave sites

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(a) It is unlawful to willfully:

(1) Throw, place or put any refuse, garbage or trash in or on any cemetery.

(2) 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 consent of the surviving spouse or next of kin of the deceased.

(3) Take away, disturb, vandalize, destroy, or tamper with any shrubbery, flowers, plants or other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuate the memory and name of any person, without authorization of law or the consent of the surviving spouse or next of kin.

(b) The provisions of this section shall not apply  to:

(1) Ordinary maintenance and care of a cemetery by the owner, caretaker, or other person acting to facilitate cemetery operations by keeping the cemetery free from accumulated debris or other signs of neglect.

(2) Conduct that is punishable under G.S. 14-149.

(3) A professional archaeologist as defined in G.S. 70-28(4) acting pursuant to the provisions of Article 3 of Chapter 70 of the General Statutes.

(c) Violation of this section is a Class I felony if the damage caused by the violation is one thousand dollars ($1,000) or more. Any other violation of this section is a Class 1 misdemeanor. In passing sentence, the court shall consider the appropriateness of restitution or reparation as a condition of probation under G.S. 15A-1343(b)(9) as an alternative to actual imposition of a fine, jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s. 3680; C.S., s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87; 1994, Ex. Sess., c. 24, s. 14(c); 2007-122, s. 1.)

 

Notes of Decisions
Cited in 5 cases, 1955–1994 · leading case: State v. Schultz, 240 S.E.2d 451 (N.C. 1978).
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State v. Schultz, 240 S.E.2d 451 (N.C. 1978). · cites it 4× “14-80 or G.S. 14-148. G.S. 14-80 provides: “If any person, not being the present owner or bona fide claimant thereof, shall wilfully and unlawfully enter upon the lands of another, carrying off or being engaged in carrying off any wood or other kind of property whatsoever,…”
State v. Phipps, 436 S.E.2d 280 (N.C. Ct. App. 1993). · cites it 10× “*628 Defendant was arrested and charged with two counts of defacing a grave site in violation of N.C. Gen. Stat. § 14-148 (a)(2) and one count of defacing a grave site in violation of Section 14-148(a)(3).”
Mills v. Carolina Cemetery Park Corp., 86 S.E.2d 893 (N.C. 1955). “See also G.S. 14-148 as to criminal offense of removing or defacing monuments and tombs.”
State v. Phipps, 449 S.E.2d 450 (N.C. 1994). · cites it 9× “This case brings to the Court a question as to the interpretation of N.C.G.S. § 14-148(a) which provides: It is unlawful to willfully: (2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery…”
State v. Schultz, 237 S.E.2d 349 (N.C. Ct. App. 1977). “14-80 or G.S. 14-148 and, therefore, that there was a fatal variance between the indictments and the proof.”
N.C. Gen. Stat. § 14-148(a): 1 case
State v. Phipps, 449 S.E.2d 450 (N.C. 1994). “This case brings to the Court a question as to the interpretation of N.C.G.S. § 14-148(a) which provides: It is unlawful to willfully: (2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery…”
N.C. Gen. Stat. § 14-148(a)(2): 2 cases
State v. Phipps, 436 S.E.2d 280 (N.C. Ct. App. 1993). “*628 Defendant was arrested and charged with two counts of defacing a grave site in violation of N.C. Gen. Stat. § 14-148 (a)(2) and one count of defacing a grave site in violation of Section 14-148(a)(3).”
State v. Phipps, 449 S.E.2d 450 (N.C. 1994). “This case brings to the Court a question as to the interpretation of N.C.G.S. § 14-148(a) which provides: It is unlawful to willfully: (2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery…”
N.C. Gen. Stat. § 14-148(a)(3): 1 case
State v. Phipps, 436 S.E.2d 280 (N.C. Ct. App. 1993). “*628 Defendant was arrested and charged with two counts of defacing a grave site in violation of N.C. Gen. Stat. § 14-148 (a)(2) and one count of defacing a grave site in violation of Section 14-148(a)(3).”
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