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  • Writer's pictureBrandon Hicks

Protecting Your Rights: Understanding Cemetery Mischief Laws in Indiana 35-43-1-2.1


Welcome to the B. Hicks Law blog! We understand that legal issues can be complex and sometimes daunting. In today's post, we will discuss a specific criminal offense under Indiana law known as "Cemetery Mischief," found under IC 35-43-1-2.1. It's essential to have a good understanding of this law, as it can have severe consequences for those charged with it.


What is Cemetery Mischief?

Cemetery Mischief is a specific criminal offense defined under Indiana law that pertains to the reckless, knowing, or intentional damage or disturbance of cemeteries, burial grounds, or facilities used for memorializing the deceased. This law aims to protect the sanctity of these sites and the memories they hold. Cemetery Mischief falls under the following categories:

(1) Damaging Cemetery Property: This includes causing harm to a cemetery, a burial ground, or any facility used for memorializing the deceased.

(2) Damaging Grounds: Damaging the grounds owned or rented by a cemetery or facility used for memorializing the dead is also considered Cemetery Mischief.

(3) Defacing Grave Sites: Disturbing, defacing, or damaging any cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure is also considered a criminal act under this law.


Penalties for Cemetery Mischief:

The severity of penalties for Cemetery Mischief depends on the extent of the damage or pecuniary loss incurred. Here's an overview of the penalties as per IC 35-43-1-2.1:

  • Class A Misdemeanor: If the pecuniary loss is less than $750, Cemetery Mischief is classified as a Class A misdemeanor.

  • Level 6 Felony: If the pecuniary loss is at least $750 but less than $50,000, the offense is elevated to a Level 6 felony.

  • Level 5 Felony: For pecuniary losses of at least $50,000 or more, Cemetery Mischief is considered a Level 5 felony, with even more severe consequences.

It's important to note that these penalties can have a significant impact on your life, including potential imprisonment and fines.


Exemptions under IC 35-43-1-2.1:

IC 35-43-1-2.1 contains certain exemptions. This law does not apply to individuals who act in a proper and acceptable manner as authorized by other relevant Indiana statutes, such as IC 14-21 and IC 23-14.



Understanding Indiana's Cemetery Mischief laws is crucial for protecting your rights and ensuring that you don't inadvertently find yourself facing criminal charges. If you or someone you know is accused of Cemetery Mischief, it's essential to consult with an experienced criminal defense attorney who can provide the necessary legal guidance and representation.

At B. Hicks Law, we have a team of dedicated attorneys experienced in defending individuals charged with criminal offenses. If you need assistance or have questions about Cemetery Mischief or any other criminal matters, don't hesitate to reach out to us. We're here to help you navigate the legal complexities and protect your rights.

Remember, knowing your rights and having a legal expert by your side can make all the difference when facing criminal charges. Your future is worth protecting, so get in touch with us today.

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