New Jersey criminal charge
Disturbing, desecrating human remains; offenses in New Jersey
Disturbing, desecrating human remains; offenses is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:22-1. Its classification is not fixed: New Jersey 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 N.J.S.A. 2C:22-1.
What is the penalty for disturbing, desecrating human remains; offenses in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Unlawful disturbance, desecration, or sexual violation of human remains — Applies when a person unlawfully disturbs, moves, conceals, desecrates, damages, destroys, or commits sexual penetration/contact upon human remains.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Unlawful disturbance, desecration, or sexual violation of human remains — Applies when a person unlawfully disturbs, moves, conceals, desecrates, damages, destroys, or commits sexual penetration/contact upon human remains.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Failure to properly dispose of human remains — Applies when a person purposely or knowingly fails to dispose of human remains in the manner required by law.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Failure to properly dispose of human remains — Applies when a person purposely or knowingly fails to dispose of human remains in the manner required by law.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is disturbing, desecrating human remains; offenses classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful disturbance, desecration, or sexual violation of human remains | Crime of the Second Degree | Applies when a person unlawfully disturbs, moves, conceals, desecrates, damages, destroys, or commits sexual penetration/contact upon human remains. | N.J.S.A. 2C:22-1undefined |
| Failure to properly dispose of human remains | Crime of the Third Degree | Applies when a person purposely or knowingly fails to dispose of human remains in the manner required by law. | N.J.S.A. 2C:22-1undefined |
Common questions about disturbing, desecrating human remains; offenses in New Jersey
What degree of offense is disturbing, desecrating human remains; offenses in New Jersey?
It depends on the circumstances: disturbing, desecrating human remains; offenses ranges from a Crime of the Third Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:22-1.
Unlawful disturbance, desecration, or sexual violation of human remains: Crime of the Second Degree (N.J.S.A. 2C:22-1) · Failure to properly dispose of human remains: Crime of the Third Degree (N.J.S.A. 2C:22-1)
What are the penalties for disturbing, desecrating human remains; offenses in New Jersey?
Penalties for disturbing, desecrating human remains; offenses in New Jersey depend on how it is classified — from a Crime of the Third Degree up to a Crime of the Second Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers disturbing, desecrating human remains; offenses?
Disturbing, desecrating human remains; offenses is governed by N.J.S.A. 2C:22-1 (Disturbing, desecrating human remains; offenses).
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.