South Dakota Codified Laws
Chapter 27 - Cemeteries And Burial Records
Section 34-27-26 - Disturbing human skeletal remains or funerary objects as felony.

34-27-26. Disturbing human skeletal remains or funerary objects as felony.
No person unless authorized by the state archaeologist may knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects except a law enforcement officer or coroner or other official designated by law in performance of official duties. A violation of this section is a Class 6 felony.

Source: SL 1990, ch 6, ยง6.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 27 - Cemeteries And Burial Records

Section 34-27-5 - Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages.

Section 34-27-6 - Burial record book required of cemetery--Indexes--Ownership records--Official inspection.

Section 34-27-7 - Purpose of requirements as to cemetery plats.

Section 34-27-8 - Subdivision and platting of cemeteries required--Filing with local registrar of vital records.

Section 34-27-9 - Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials.

Section 34-27-10 - Cemetery plats received by local registrar--Posting when burial permit issued.

Section 34-27-11 - Card-index records of burials maintained by local registrar--Contents.

Section 34-27-12 - Supervision of burial record system by Department of Health--Enforcement powers.

Section 34-27-13 - Filing by local registrars of data from graves registration survey project--Fees not receivable.

Section 34-27-14 - Violation or failure to maintain records as misdemeanor.

Section 34-27-15 - Duty of reinterment when cemetery removed--Punishment for omission of duty.

Section 34-27-16 - Liability for expense of reinterment on removal of cemetery.

Section 34-27-17 - Punishment for omission to reinter when cemetery removed.

Section 34-27-18 - Opening grave or breaking building with intent to remove body or coffin as misdemeanor.

Section 34-27-19 - Removing dead body maliciously or with intent to sell or dissect as misdemeanor.

Section 34-27-20 - Receiving dead body unlawfully removed as misdemeanor.

Section 34-27-21 - Definition of terms.

Section 34-27-22 - Buying, selling, or bartering human skeletal remains or funerary objects as felony.

Section 34-27-24 - Commercial display of human skeletal remains or funerary objects as felony.

Section 34-27-25 - Reporting discovery of human skeletal remains--Failure to report as misdemeanor.

Section 34-27-26 - Disturbing human skeletal remains or funerary objects as felony.

Section 34-27-28 - Notification to landowner and coroner--Notification to state archaeologist and tribal officials--Time limits.

Section 34-27-30 - Rules promulgated by State Historical Society Board of Trustees.

Section 34-27-31 - Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects.

Section 34-27-32 - Refusal to turn over remains or objects to tribal group--Appeal.

Section 34-27-33 - Confidentiality of archaeological records pertaining to location of unmarked burials and other human remains--Exceptions.