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.