NORTH CAROLINA GENERAL STATUTES
Article 10: Access To And Maintenance Of Private Graves and Abandoned Public Cemeteries
S.65-74. Entering public or private property to maintain or visit a
private grave or an abandoned cemetery with consent
Any of the following persons, with the consent of the public or private
landowner, may enter the property of another to discover, restore,
maintain, or visit a private grave or abandoned public cemetery:
(1) A descendant of the person whose remains are reasonably believed to be
interred in the grave;
(2) A descendant's designee; or
(3) Any other person who has a special personal interest in the grave or
abandoned public cemetery.
S.65-75. Entering public or private property to maintain or visit a
private grave or an abandoned public cemetery without consent
(a) If the consent of the landowner cannot be obtained, any person listed
in G.S. 65-74(1), (2), or (3) may commence a special proceeding by
petitioning the clerk of superior court of the county in which he has
reasonable grounds to believe the deceased is buried, or in the case of an
abandoned public cemetery, in the county in which the abandoned public
cemetery is located for an order allowing him to enter the property to
discover, restore, maintain, or visit the grave or abandoned public
cemetery. The petition shall be verified. This special proceeding shall
be in accordance with the provisions of Article 33 of Chapter 1 of the
General Statutes. The clerk shall issue an order allowing the petitioner
to enter the property if he finds that:
(1) There are reasonable grounds to believe that the grave or abandoned
public cemetery is located on the property or that it is reasonably
necessary to enter or cross the landowner's property to reach the grave or
abandoned public cemetery;
(2) The petitioner, or his designee, is a descendant of the deceased, or
that the petitioner has a special interest in the grave or abandoned public
cemetery; and
(3) The entry on the property would not unreasonably interfere with the
enjoyment of the property by the landowner.
(b) The clerk's order may:
(1) Specify the dates and the daylight hours that the petitioner may enter
and remain on the property;
(2) Grant to the petitioner the right to enter the landowner's property
periodically, as specified in the order, after the time needed for initial
restoration of the grave or abandoned public cemetery; or
(3) Specify a reasonable route from which the petitioner may not deviate
in all entries and exits from the property.
Chapter 14.
Criminal Law.
SUBCHAPTER I. GENERAL PROVISIONS.
SUBCHAPTER V. OFFENSES AGAINST PROPERTY.
SUBCHAPTER VI. CRIMINAL TRESPASS.
ARTICLE 22.
Damages and Other Offenses to Land and Fixtures.
14-147. Removing, altering or defacing landmarks.
If any person, firm or corporation shall knowingly remove, alter or deface
any landmark in anywise whatsoever, or shall knowingly cause such removal,
alteration or defacement to be done, such person, firm or corporation shall
be guilty of a Class 2 misdemeanor. This section shall not apply to
landmarks, such as creeks and other small streams, which the interest of
agriculture may require to be altered or turned from their channels, nor to
such persons, firms or corporations as own the fee simple in the lands on
both sides of the lines designated by the landmarks removed, altered or
defaced. Nor shall this section apply to those adjoining landowners who
may by agreement remove, alter or deface landmarks in which they alone are
interested.(1858-9, c. 17; Code, s. 1063; Rev., s. 3674; 1915, c. 248;
C.S., s. 4319; 1993, c. 539, s. 86; 1994, Ex. Sess., c. 24, s. 14(c).)
14-148. Defacing or desecrating grave sites.
(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 thereby causing damage of less than one thousand dollars
($1,000); or
(3) Take away, disturb, vandalize, destroy, tamper with or deface any
tombstone, headstone, monument, grave marker, grave ornamentation, grave
artifacts, shrubbery, flowers, plants or other articles within any cemetery
erected or placed to designate where a body is 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, thereby causing
damage of less than one thousand dollars ($1,000).
(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.
(c) 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)(6) 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).)
14-149. Desecrating, plowing over or covering up graves.
(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,
human remains or any portion thereof or the repository of any such remains,
by any means including plowing under, tearing up, covering over or
otherwise obliterating or removing any grave;
(2) Take away, vandalize or destroy any stone, brick, iron or other
material or fence enclosing a cemetery, causing damage of more than one
thousand dollars ($1,000); or
(3) Take away, vandalize, destroy or deface any tombstone, headstone,
monument, grave marker, grave ornamentation, grave artifacts, shrubbery,
flowers, plants or other articles within any cemetery erected or placed to
designate the place where any dead body is interred or to preserve and
perpetuate the memory and the name of any person, causing damage of more
than one thousand dollars ($1,000).
(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.)
Chapter 14.
Criminal Law.
SUBCHAPTER I. GENERAL PROVISIONS.
ARTICLE 1.
Felonies and Misdemeanors.
14-148. Defacing or desecrating grave sites.
(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 thereby causing damage of less than one thousand dollars
($1,000); or
(3) Take away, disturb, vandalize, destroy, tamper with or deface any
tombstone, headstone, monument, grave marker, grave ornamentation, grave
artifacts, shrubbery, flowers, plants or other articles within any cemetery
erected or placed to designate where a body is 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, thereby causing
damage of less than one thousand dollars ($1,000).
(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.
(c) 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)(6) 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).)
14-149. Desecrating, plowing over or covering up graves.
(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,
human remains or any portion thereof or the repository of any such remains,
by any means including plowing under, tearing up, covering over or
otherwise obliterating or removing any grave;
(2) Take away, vandalize or destroy any stone, brick, iron or other
material or fence enclosing a cemetery, causing damage of more than one
thousand dollars ($1,000); or
(3) Take away, vandalize, destroy or deface any tombstone, headstone,
monument, grave marker, grave ornamentation, grave artifacts, shrubbery,
flowers, plants or other articles within any cemetery erected or placed to
designate the place where any dead body is interred or to preserve and
perpetuate the memory and the name of any person, causing damage of more
than one thousand dollars ($1,000).
(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.)

14-150, 14-150.1: Repealed by Session Laws 1981, c. 752, s. 3.

 

 

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