Florida criminal charge
Unmarked human burials in Florida
Unmarked human burials is a criminal offense under Florida law, defined by Fla. Stat. § 872.05. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 872.05.
What is the penalty for unmarked human burials in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Disturbing, destroying, removing, vandalizing, or damaging an unmarked human burial — Applies to any person who willfully and knowingly disturbs, destroys, removes, vandalizes, or damages an unmarked human burial.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Disturbing, destroying, removing, vandalizing, or damaging an unmarked human burial — Applies to any person who willfully and knowingly disturbs, destroys, removes, vandalizes, or damages an unmarked human burial.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Failure to report knowledge of disturbance of an unmarked human burial — Applies to any person who has knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and fails to notify the local law enforcement agency with jurisdiction.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Failure to report knowledge of disturbance of an unmarked human burial — Applies to any person who has knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and fails to notify the local law enforcement agency with jurisdiction.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is unmarked human burials classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disturbing, destroying, removing, vandalizing, or damaging an unmarked human burial | Felony of the Third Degree | Applies to any person who willfully and knowingly disturbs, destroys, removes, vandalizes, or damages an unmarked human burial. | Fla. Stat. § 872.05(10)(a) |
| Failure to report knowledge of disturbance of an unmarked human burial | Misdemeanor of the Second Degree | Applies to any person who has knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and fails to notify the local law enforcement agency with jurisdiction. | Fla. Stat. § 872.05(10)(b) |
Common questions about unmarked human burials in Florida
Is unmarked human burials a felony or a misdemeanor in Florida?
It depends on the circumstances: unmarked human burials ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 872.05.
Disturbing, destroying, removing, vandalizing, or damaging an unmarked human burial: Felony of the Third Degree (Fla. Stat. § 872.05(10)(a)) · Failure to report knowledge of disturbance of an unmarked human burial: Misdemeanor of the Second Degree (Fla. Stat. § 872.05(10)(b))
What are the penalties for unmarked human burials in Florida?
Penalties for unmarked human burials in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers unmarked human burials?
Unmarked human burials is governed by Fla. Stat. § 872.05 (Unmarked human burials).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.