2005 West Virginia Code - §61-8-14. — Disinterment or displacement of dead body or part thereof; damage to cemetery or graveyard; penalties; damages in civil action.

§61-8-14. Disinterment or displacement of dead body or part thereof; damage to cemetery or graveyard; penalties; damages in civil action.

(a) Any person who unlawfully disinters or displaces a dead human body, or any part of a dead human body, placed or deposited in any vault, mausoleum or any temporary or permanent burial place, is guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary or other suitable state correctional facility for a determinate sentence of not less than two nor more than five years.
(b) (1) Any person who intentionally desecrates any cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than two thousand dollars, or confined in jail not more than one year, or both fined and confined.
(2) For the purposes of this subsection, "desecrate" means defacing, damaging or otherwise physically mistreating in a way that a reasonable person knows will outrage the sensibilities of persons likely to observe or discover his or her actions.