Dead Bodies, Cemeteries, and Monuments

V.S.A. tit. 13, ch. 81, subch. 3

in effect

13 V.S.A. § 3761 Unauthorized removal of human remains

3761. Unauthorized removal of human remains A person who, not being authorized by law, intentionally excavates, disinters, removes, or carries away a human body, or the remains thereof, interred or entombed in this State or intentionally excavates, disinters, removes, or carries away an object interred or entombed with a human body in this State, or knowingly aids in such excavation, disinterment, removal, or carrying away, or is accessory thereto, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. Amended 1989, No. 142 (Adj. Sess.), § 1.

13 V.S.A. § 3761a Abuse of the dead body of a person

3761a. Abuse of the dead body of a person (a) No person shall, knowingly without legal authorization, intentionally burn, mutilate, disfigure, dismember, or destroy the dead body of a person. (b) No person shall violate subsection (a) of this section for the purpose of concealing a crime or avoiding apprehension, prosecution, or conviction of a crime. (c) No person shall commit sexual conduct upon the dead body of a person. (d)(1) A person who violates subsection (a) of this section shall be imprisoned not more than five years or fined not more than $5,000.00, or both. (2) A person who violates subsection (b) or (c) of this section shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both. (e) As used in this section: (1) “Dead body of a person” does not include the cremated remains of a person. (2) “Sexual conduct” means any of the following committed against the dead body of a person: (A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva, or the mouth and the vulva; (B) any intrusion, however slight, by any part of an individual’s body or any object into any part of a dead human body with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any individual; (C) any touching of the dead human body with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desire of any individual; (D) masturbation; or (E) bestiality. Added 2025, No. 30, § 1, eff. July 1, 2025.

13 V.S.A. § 3762 Search for concealed bodies

3762. Search for concealed bodies Upon the complaint and oath of a person made to him or her in writing that the remains of a dead person have been disinterred and removed and that the complainant has reason to believe that the remains of such dead person are secreted in a dwelling house or other building, a district judge shall issue a warrant, directed to any sheriff or constable, commanding him or her to make search in such place for such dead person. The officer serving such process shall not be liable for executing such warrant, whether the body of such dead person is found or not. Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 48, eff. April 9, 1974.

13 V.S.A. § 3763 Exception

3763. Exception Section 3762 of this title shall not prevent a surgeon or physician from having in his or her possession a dead human subject for anatomical investigation and instruction of students, if such subject was obtained without violating the law of the State.

13 V.S.A. § 3764 Cemeteries and monuments—Grave markers and historical tablets

3764. Cemeteries and monuments—Grave markers and historical tablets A person shall not intentionally and without right or authority excavate, steal, remove, injure, or destroy, or procure or cause to be excavated, stolen, removed, injured, or destroyed, a gravestone or monument erected to the memory of a deceased person, or erected and intended for such use, or a grave, tomb, or burial site, or portion thereof, in which the body or remains of a deceased person is interred, or that is intended for the interment of a deceased person, or a monument, tablet, or marker erected for the commemoration of some historical event or place by a historical or patriotic association or society on land on which such association or society has a right to erect the same. Amended 1989, No. 142 (Adj. Sess.), § 2.

13 V.S.A. § 3766 Grave markers and ornaments

3766. Grave markers and ornaments (a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, an ornament, token, flag holder, or emblem used to decorate, mark, or distinguish the grave or tomb of a deceased person. (b) A person shall not buy, sell, or barter, or cause to be bought, sold, or bartered, an ornament, token, flag holder, or emblem that has been used to decorate, mark, or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder, or emblem by unlawful means. (c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, flowers, trees, or any other plant matter used to decorate, mark, or distinguish any cemetery property, including the grave or tomb of a deceased person. Amended 1989, No. 142 (Adj. Sess.), § 4; 2001, No. 99 (Adj. Sess.), § 1, eff. May 8, 2002.

13 V.S.A. § 3767 Penalties

3767. Penalties (a) A person who violates a provision of sections 3764-3766 of this title shall, except as provided in subsection (b) of this section, be imprisoned not more than five years or fined not more than $5,000.00, or both. (b) A person who violates subsection 3766(c) of this title shall be imprisoned not more than one year or fined not more than $500.00, or both. Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23; 1989, No. 142 (Adj. Sess.), § 5; 2001, No. 99 (Adj. Sess.), § 2, eff. May 8, 2002.

13 V.S.A. § 3769 Civil action

3769. Civil action A person who violates a provision of sections 3764-3766 of this title, shall be further liable in a civil action on this statute, in which the plaintiff may recover damages and reasonable attorney’s fees. Such action may be brought in the name of the owner of the property so injured, or in the name of the town in which such burial ground is situated, or in the name of the commissioners, or in the name of the association or corporation that holds lawful possession of such burial ground at the time such damage is committed, or, if the property injured is a gravestone or monument erected to the memory of a deceased person or a grave, tomb, or burial site in which the body or remains of a deceased person is interred, in the name of the surviving heirs or descendants of such deceased person, jointly, or in the name of one or more of them for the benefit of all, or in the name of the historical or patriotic association or society erecting such monument, tablet, or marker. Amended 1989, No. 142 (Adj. Sess.), § 6.

13 V.S.A. § 3770 Use of damages recovered

3770. Use of damages recovered Such damages, when recovered by a town, association, society, corporation, or by commissioners, shall be expended under the direction of the party recovering the same for the benefit of the property injured.

13 V.S.A. § 3771 Disturbing a funeral service

3771. Disturbing a funeral service (a) As used in this section: (1) “Funeral service” means the ceremonies, rituals, and memorial services held at a church, mortuary, cemetery, or home in connection with the burial or cremation of a dead person. (2) “Picketing” means a protest, demonstration, or other similar activity directed at a funeral service. (b) No person shall disturb or attempt to disturb a funeral service by engaging in picketing within 100 feet of the service within one hour prior to and two hours following the publicly announced time of the commencement of the service. (c) A person who violates this section shall be imprisoned not more than 30 days or fined not more than $500.00, or both. Added 2005, No. 167 (Adj. Sess.), § 19, eff. May 20, 2006.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/081Fetched: 10/21/2026