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S 1629

An Act relative to the theft of graves

194th Legislature (2025-2026) Introduced by Peter Durant and 7 co-sponsors

Massachusetts bill criminalizing grave and gravestone theft to protect cemeteries, families, and historical burial sites from desecration and property loss.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1629

Legislative bill overview

S 1629 proposes to establish or strengthen legal protections against the theft of graves and gravestones in Massachusetts. The bill aims to address the criminal offense of grave desecration by creating clearer statutory language and potentially enhanced penalties for those who steal from cemeteries, including grave markers, monuments, or other cemetery property.

Why is this important

Grave theft is a real problem affecting families, cemeteries, and historic burial grounds. Stolen gravestones and monuments represent both property loss and emotional harm to bereaved families, and can undermine the integrity of historical records and cemetery management. Clarifying criminal statutes ensures law enforcement has clear legal authority to prosecute these crimes and may deter offenders through defined consequences.

Potential points of contention

  • Scope and definition: Disagreement over what constitutes "theft of graves"—does it include only monuments/markers, or also disturbing human remains, and how are historical vs. modern graves distinguished?
  • Penalty levels: Debate over whether enhanced penalties are warranted and how they compare to other property crimes, balancing severity with proportionality
  • Cemetery responsibility: Questions about whether cemeteries, municipalities, or property owners should bear costs for prevention, security, or liability when theft occurs

Compiled from official sources — confirm details with the bill’s official record.

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