Virginia criminal charge
Violation of sepulture in Virginia
Violation of sepulture is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-126. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-126.
What is the penalty for violation of sepulture in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 10 years (Unlawful disinterment or displacement of a dead human body — Applies when a person unlawfully disinters or displaces a dead human body or any part thereof from a vault, grave, or other burial place.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Unlawful disinterment or displacement of a dead human body — Applies when a person unlawfully disinters or displaces a dead human body or any part thereof from a vault, grave, or other burial place.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Willful and intentional defilement of a dead human body — Applies when a person willfully and intentionally physically defiles a dead human body, excluding lawful autopsies or organ/tissue recovery.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Willful and intentional defilement of a dead human body — Applies when a person willfully and intentionally physically defiles a dead human body, excluding lawful autopsies or organ/tissue recovery.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is violation of sepulture classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful disinterment or displacement of a dead human body | Class 4 Felony | Applies when a person unlawfully disinters or displaces a dead human body or any part thereof from a vault, grave, or other burial place. | Va. Code Ann. § 18.2-126A |
| Willful and intentional defilement of a dead human body | Class 6 Felony | Applies when a person willfully and intentionally physically defiles a dead human body, excluding lawful autopsies or organ/tissue recovery. | Va. Code Ann. § 18.2-126B |
Common questions about violation of sepulture in Virginia
Is violation of sepulture a felony or a misdemeanor in Virginia?
It depends on the circumstances: violation of sepulture ranges from a class 6 felony to a class 4 felony in Virginia under Va. Code Ann. § 18.2-126.
Unlawful disinterment or displacement of a dead human body: class 4 felony (Va. Code Ann. § 18.2-126A) · Willful and intentional defilement of a dead human body: class 6 felony (Va. Code Ann. § 18.2-126B)
What are the penalties for violation of sepulture in Virginia?
Penalties for violation of sepulture in Virginia depend on how it is classified — from a class 6 felony up to a class 4 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers violation of sepulture?
Violation of sepulture is governed by Va. Code Ann. § 18.2-126 (Violation of sepulture; defilement of a dead human body; penalties).
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.