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Fort Myers Criminal Defense Lawyer / Blog / Burglary, Theft & Vandalism / Penalties for Tomb Raiding in Florida

Penalties for Tomb Raiding in Florida

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Under Florida Statute 872.02, “tomb raiding” is a second-degree felony with a maximum prison sentence of 15 years. As long as you break into a tomb, coffin, crypt, niche, mausoleum, or any other related burial site, you could spend well over a decade in prison. If you face these charges, consider speaking with an experienced Fort Myers theft defense lawyer.

Florida Authorities on the Hunt for Serial Tomb Raiders 

On August 14th, 2026, Florida authorities announced that they were searching for a trio of serial tomb raiders. These individuals allegedly stole family heirlooms from at least 20 burial sites in the Sunshine State, plus many others from various eastern states.. The suspects face allegations of breaking into niches and mausoleums and stealing various items.

What if I Never Broke In?

If you never actually broke into a mausoleum, coffin, crypt, or niche, you should not face second-degree felony charges. Instead, you should face a lesser third-degree felony charge and up to five years in prison. For example, you might have ripped something off a headstone or simply taken an object off the top.

What if the Item I Took Was Worthless? 

One of the major distinctions of this offense is the fact that the dollar value of the stolen items does not matter. With many other larceny-related offenses, you face increasingly severe penalties as the dollar value of the stolen items increases.

This is not the case with penalties for disturbing the contents of a grave. As far as the court is concerned, the same penalties apply whether you steal a bouquet of flowers or a priceless gold urn.

What if I Stole Something from a Veterans Affairs National Cemetery?

If you stole items from a VA cemetery, your penalties could be even worse. Technically speaking, a VA cemetery is on federally owned land. As a result, any alleged offenses that occur on that land trigger federal penalties. You could face charges such as “destruction of war memorials” and “theft of government property.” Each of these offenses carries a maximum penalty of 10 years in prison.

VA cemeteries are often devoid of valuables due to strict guidelines. Families cannot staple or glue any valuables to crosses, such as military awards. However, families often honor their deceased veterans with bronze plaques. Thieves may visit VA graveyards and steal these bronze plaques before cashing in at their local scrapyard. This has happened before, and one notable incident involved thieves stealing thousands of bronze plaques from a single VA cemetery.

Can a Fort Myers Theft Defense Lawyer Help Me?

A Fort Myers theft defense lawyer may be able to help if you face penalties for tomb raiding, grave robbery, or any other related offenses. Florida courts tend to have little sympathy for those who disturb the dead. Contact the experienced theft defense attorneys at The Foley & Wilson Law Firm for further guidance.

Sources: 

spectrumlocalnews.com/ca/california/public-safety/2024/02/02/bronze-plaques-stolen-off-headstones-at-historical-cemetery-in-compton

newsbreak.com/the-daily-sun-1591630/4829229725972-tomb-raiding-trio-stole-from-cemeteries-in-at-least-9-states-florida-authorities-say

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0872/Sections/0872.02.html