Tennessee Title 40-13-220. Alleging grave-robbing.
The indictment for the offense of unlawfully and willfully digging open a grave, or unlawfully and willfully taking up or carrying away the dead body, or any part of the body, need not specify what grave or whose dead body has been violated or disturbed.
46-8-103. Duty to protect graves or crypt — Disturbances prohibited — Transfer of remains.
(a) A deed for real property which indicates the presence of a gravesite or crypt containing human remains on the property conveyed obligates the immediate and future buyer(s) of the property to protect such gravesite or crypt from disturbance. The owner of real property has the responsibility for taking appropriate action, prior to conveying such property, to ensure that the deed reflects the presence of the gravesite or crypt on such property.
39-17-312. Corpses; abuse
(a) A person commits an offense who, without legal privilege, knowingly:
(1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person;
(2) Disinters a corpse that has been buried or otherwise interred; or
(3) Disposes of a corpse in a manner known to be in violation of law.
(b) A violation of this section is a Class E felony.
Tenn. Ann. Code § 40-35-111
Class E felonies, the least serious felonies in Tennessee, are punishable by one to six years in prison, as well as a fine of up to $3,000.
Seem to me if they are going to do this on national television. There will not be a question as to whether they did it or not for the court proceedings.
Additionally, if CBS has been contacted and did not call the authorities obviously intending to make sure it happens, are they considered an accessory after fact in the action of a felony?
39-12-103. Criminal conspiracy.
a. The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense which is the object of the conspiracy and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct which constitutes such offense.
b. If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with such other person or persons, whether or not their identity is known, to commit such offense.
c. If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy so long as such multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
I’d love to see that happen.
rwood
Tennessee Cemetery & Burial Site Laws
Statutory Laws
(Tennessee Code Annotated)
Title 46. Cemeteries
46-2-105. Crimes and offenses
(a) No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the same, or injure any tree, plant or shrub therein, or hunt or shoot therein, play at any game or amusement therein, or loiter for lascivious or lewd purposes therein, or interfere, by words or actions, with any funeral procession or any religious exercises.
(b) A violation of this section is a Class E felony.
I would think that grave robbing is a felony. Prosecute everyone present.
Against the first and in support of the later?
-PJ
My GGGrandfather was a Confederate cavalryman with Nathan Bedford Forest.
Where is ML King buried?
Isn’t grave robbing against the law?
Grave robbing is illegal in some states.