N.C. Gen. Stat. » Chapter 14
NC General Statutes

N.C. Gen. Stat. § 14-149 (2026)

Desecrating, plowing over or covering up graves; desecrating human remains

✓ current as of July 2026
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(a) It is a Class I felony, without authorization of law or the consent of the surviving spouse or next of kin of the deceased, to knowingly and willfully:

(1) Open, disturb, destroy, remove, vandalize or desecrate any casket or other repository of any human remains, by any means including plowing under, tearing up, covering over or 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 within any cemetery to designate the place where human remains are interred or to preserve and perpetuate the memory and the name of any person. This subdivision shall not apply to the ordinary maintenance and care of a cemetery.

(3) Repealed by Session Laws 2007-122, s. 2, effective December 1, 2007, and applicable to offenses committed on or after that date.

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

(b) The provisions of this 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 of the 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.)

 

§§ 14-150 through 14-150.1.  Repealed by Session Laws 1981, c. 752, s. 3, effective October 1, 1981.

 

Notes of Decisions
Cited in 2 cases, 1995–2012 · leading case: Robinson v. Wadford, 731 S.E.2d 539 (N.C. Ct. App. 2012).
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Robinson v. Wadford, 731 S.E.2d 539 (N.C. Ct. App. 2012). · cites it 17× “We first note that Plaintiffs alleged that Defendants engaged in grave desecration in violation of N.C. Gen. Stat. § 14-149 , a matter previously considered by this Court in Robinson v.”
State v. Sammartino, 463 S.E.2d 307 (N.C. Ct. App. 1995). · cites it 4× “Defendants were charged with desecrating a grave site in violation of N.C. Gen. Stat. § 14-149 (1993). On 21 September 1994, defendants pled guilty to the charges.”
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