Virginia Code

Va. Code Ann. § 18.2-126 (2026)

Violation of sepulture; defilement of a dead human body; penalties

✓ current as of May 2026

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A. If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.

B. If a person willfully and intentionally physically defiles a dead human body he is guilty of a Class 6 felony. For the purposes of this section, the term "defile" shall not include any autopsy or the recovery of organs or tissues for transplantation, or any other lawful purpose.

Code 1950, § 18.1-243; 1960, c. 358; 1975, cc. 14, 15; 1995, c. 306.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1987–2024 · leading case: Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia (Va. Ct. App. 2020).

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Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 29× “Code § 18.2-126 states the following: A. If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.”

Melissa Nanette Diaz v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 23× “As noted in Everett, “[t]he legislative intent of Code § 18.2-126 is to protect the sanctity of both a burial place and a dead body, wherever situated.”

In re Petition of Frech, 10 Va. Cir. 133 (Virginia Beach Cir. Ct. 1987). · cites it 2× “[It was] noted to the Court that the unlawful removal or displacement of the bones would seemingly violate the provisions of Virginia Code Section 18.2-126. *134 The petition is not filed under the authority of Virginia Code Section 57-38.”

Morris v. Whitley, 50 Va. Cir. 320 (Nelson Cir. Ct. 1999). “However, though I have authorized future interments of deceased members of this family in this cemetery, I emphasize that § 18.2-126 of the Code of Virginia provides that the unlawful disinterment or displacement of a dead body is a Class 4 felony.”

— Va. Code Ann. § 18.2-126(B) — 2 cases

Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia (Va. Ct. App. 2020). “Code § 18.2-126 states the following: A. If a person unlawfully disinters or displaces a dead human body, or any part of a dead human body which has been deposited in any vault, grave or other burial place, he is guilty of a Class 4 felony.”

Melissa Nanette Diaz v. Commonwealth of Virginia (Va. Ct. App. 2024). “As noted in Everett, “[t]he legislative intent of Code § 18.2-126 is to protect the sanctity of both a burial place and a dead body, wherever situated.”

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