Laserfiche WebLink
<br />307.08 Damages; illegal molestation of human remains; <br />burials; cemeteries; penalty. <br /> <br /> <br />Page 1 of3 <br /> <br />Minnesota Statutes 2003, 307.08 <br /> <br />Minnesota Statutes 2003. Table of Chapters <br /> <br />Table of contents for Chapter 307 <br /> <br />Subdivision 1. Legislative intent; scope. It is a <br />declaration and statement of legislative intent that all human <br />burials and human skeletal remains shall be accorded equal <br />treatment and respect for human dignity without reference to <br />their ethnic origins, cultural backgrounds, or religious <br />affiliations. The provisions of this section shall apply to <br />human burials or human skeletal remains found on or in all <br />public or private lands or waters in Minnesota. <br /> <br />Subd. 2. Felony; gross misdemeanor. A person who <br />intentionally, willfully, and knowingly destroys, mutilates, <br />injures, disturbs, or removes human skeletal remains or human <br />burial grounds, is guilty of a felony. A person who <br />intentionally, willfully, or knowingly removes any tombstone, <br />monument, or structure placed in any public or private cemetery <br />or unmarked human burial ground, or any fence, railing, or other <br />work erected for protection or ornament, or any tree, shrub, or <br />plant or grave goods and artifacts within the limits of the <br />cemetery or burial ground, and a person who, without authority <br />from the trustees, state archaeologist, or Indian affairs <br />council, discharges any firearms upon or over the grounds of any <br />public or private cemetery or authenticated and identified <br />Indian burial ground, is guilty of a gross misdemeanor. <br /> <br />Subd. 3. Protective posting. Every authenticated and <br />identified burial ground may be posted for protective purposes <br />every 75 feet around its perimeter with signs listing the <br />activities prohibited by subdivision 2 and the penalty for <br />violation of it. Posting is at the discretion of the Indian <br />affairs council in the case of Indian burials or at the <br />discretion of the state archaeologist in the case of non-Indian <br />burials. <br /> <br />Subd. 3a. Authentication. The state archaeologist <br />shall authenticate all burial sites for purposes of this section <br />and may enter on property for the purpose of authenticating <br />burial sites. only after obtaining written permission from the <br />property owner or lessee, descendants of persons buried in <br />burial sites covered by this section may enter the burial sites <br />for the purpose of conducting religious ceremonies. This right <br />of entry must not unreasonably burden property owners or <br />unnecessarily restrict their use of the property. <br /> <br />Subd. 4. State archaeologist. The state shall retain <br />the services of a qualified professional archaeologist, approved <br />by the state archaeologist and the Indian Affairs Council, for <br />the purpose of gathering information to authenticate or identify <br />Indian burial grounds when requested by a concerned scientific <br />or contemporary Indian ethnic group, when Indian burials are <br />known or suspected to exist on public lands or waters controlled <br />by the state or political subdivision. <br /> <br />http://www.revisor.leg.state.mn.us/stats/3 07/08 .html <br /> <br />6/8/2004 <br />