Yes, grave robbing is a felony in virtually every U.S. state when it involves disturbing or removing human remains, and federal law adds its own felony charges when the site sits on federal or tribal land. Punishment ranges from about one year in prison for a low-level state offense to ten years in federal prison for repeat trafficking in Native American remains. Lesser conduct, such as cemetery vandalism that stays below a dollar threshold or petty theft of items left at a plot, can be charged as a misdemeanor, but the moment someone handles the body or the coffin, the charge almost always rises to a felony.
What Counts as Grave Robbing
No single statute uses the phrase “grave robbing.” The conduct is split across three overlapping offenses, and which one a prosecutor picks drives whether the case is a felony or a misdemeanor.
- Abuse or desecration of a corpse. Digging up, removing, concealing, or mutilating human remains without legal authority. Most states treat this as a felony regardless of whether the person meant to sell the remains or just disturb them.
- Cemetery desecration or vandalism. Damaging headstones, monuments, fences, or mausoleum walls. States classify this as a property crime, and severity tracks the dollar value of the damage.
- Theft from a grave site. Taking flowers, flags, mementos, or valuables left at a plot. Because those items belong to the estate or the cemetery, this is prosecuted as larceny.
The distinction decides sentencing. Someone who knocks over a headstone during a drunken walk through a cemetery faces a very different outcome than someone who excavates a coffin for jewelry. Prosecutors weigh intent, the extent of the disturbance, and whether human remains were actually handled.
State Felony Penalties
Every state criminalizes unauthorized disturbance of a grave, and the general pattern is consistent: physically removing or tampering with human remains is a felony carrying one to ten years in prison, depending on the jurisdiction and circumstances. Cemetery vandalism below a certain dollar threshold often starts as a misdemeanor with up to a year in jail, but widespread destruction or repeat offenses push it into felony territory as well.
Fines scale with severity. Misdemeanor cemetery vandalism may carry fines from a few hundred dollars to a couple thousand. Felony desecration of remains can bring fines of $5,000 to $10,000 or more. Courts in most states can also order restitution, meaning the defendant pays the actual cost of repairing headstones, restoring the site, and covering any re-interment expenses. That restitution obligation survives after the prison sentence ends.
Intent matters more than many people expect. A prosecutor charging cemetery desecration generally needs to show the defendant acted deliberately, not just carelessly. Deliberately does not require a profit motive, though. Destroying a grave marker out of spite or bigotry satisfies the intent element in most states, and hate-crime enhancements can add time to the sentence when the vandalism targets graves based on race, religion, or ethnicity.
Federal Felony Charges for Native American Remains
Selling, purchasing, or transporting Native American human remains for profit without the right of possession is a federal crime under 18 U.S.C. 1170. A first offense carries a fine and up to one year and one day in prison. A second or subsequent offense jumps to up to ten years. The same penalties apply to trafficking in cultural items obtained in violation of the Native American Graves Protection and Repatriation Act.1Office of the Law Revision Counsel. 18 U.S.C. 1170 – Illegal Trafficking in Native American Human Remains and Cultural Items
NAGPRA, signed in 1990, applies to Native American human remains and cultural items found on federal or tribal land. It covers associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony.2Office of the Law Revision Counsel. 25 U.S.C. Chapter 32 – Native American Graves Protection and Repatriation
These federal penalties stack on top of state charges. Someone who digs up remains from tribal land and sells them at auction can face both a state felony for abuse of a corpse and a federal trafficking charge, with sentences running consecutively.
Federal Felony Charges Under ARPA
The Archaeological Resources Protection Act covers a broader category than NAGPRA. ARPA protects all archaeological resources on public and tribal land from unauthorized excavation, removal, or damage. That includes historical gravesites, colonial-era burial grounds, and any site with archaeological significance.
Criminal penalties under ARPA scale with the value of what was disturbed. A first offense where the archaeological or commercial value of the resources plus restoration costs stays at $500 or below carries up to a $10,000 fine or one year in prison. When the combined value exceeds $500, the maximum rises to a $20,000 fine or two years. Repeat offenders face up to $100,000 in fines or five years in prison.3Office of the Law Revision Counsel. 16 U.S.C. 470ee – Prohibited Acts and Criminal Penalties
Beyond prison and fines, ARPA allows federal land managers to impose civil penalties based on the archaeological value of the resource and the cost of restoration. For repeat violations, the civil penalty can double. Courts can also seize vehicles, metal detectors, and other equipment used in the offense.4Office of the Law Revision Counsel. 16 U.S.C. 470ff – Civil Penalties One narrow exception: picking up arrowheads lying on the ground surface is specifically exempt from both criminal and civil penalties.
Accidental Discovery and Unauthorized Disinterment
Two situations surprise people who assumed the law only targets looters.
The first is accidental discovery. Construction crews, farmers, and property owners sometimes uncover remains while working. On federal or tribal land, NAGPRA regulations require anyone who finds human remains or cultural items to report the discovery by phone immediately, protect the remains, and submit written documentation within 24 hours describing the location, what was found, and the protective steps taken.5eCFR. 43 CFR Part 10 – Native American Graves Protection and Repatriation Act Regulations If the discovery is connected to construction, mining, logging, or similar activity, that activity must stop around the site until a federal official issues written certification, which can take up to 30 days. Pushing forward through a known burial site turns an accidental discovery into an intentional violation. Most states have their own notification rules for remains on private land, usually requiring a call to local law enforcement or the medical examiner.
The second is unauthorized disinterment. Moving a body from one burial site to another requires written authorization from the next of kin, a permit from the state or local registrar, and the involvement of a licensed funeral director. On land managed by the National Cemetery Administration, disinterment requires a permit from the superintendent and can only occur under specific conditions. Directed exhumations need a court order from a state or federal court, and the next of kin bears all financial responsibility.6eCFR. 36 CFR 12.6 – Disinterments and Exhumations Well-meaning relatives who dig up a loved one’s remains without the proper permits can be charged with unlawful disinterment, which carries the same felony exposure as any other unauthorized disturbance of human remains.
Civil Lawsuits on Top of Criminal Charges
A felony conviction is not the only consequence. Families of the deceased can sue anyone who disturbs a grave, including individuals, cemetery operators, and construction companies. Common legal theories are negligence, breach of contract for failing to honor burial or perpetual-care agreements, intentional infliction of emotional distress, and trespass to burial rights.
Damages can go well beyond physical repair costs. Courts can award compensation for emotional distress and mental anguish suffered by surviving family members, the expense of relocating or re-interring the remains, and punitive damages in egregious cases. Immediate family members and representatives of the decedent’s estate are typically the parties with standing to sue.
Statutes of limitations for these civil claims generally run from the date of discovery rather than the date of the disturbance, which matters because families sometimes do not learn about the damage for months or years. The filing window varies by state but commonly falls in the range of two to three years from discovery.
State-administered victim compensation funds are generally built for victims of violent crimes involving physical injury, so families affected by cemetery desecration usually cannot access those programs. The practical financial remedy is a civil lawsuit or a restitution order attached to the criminal case.