H.
B.
4473
(By Delegates Fantasia, Prezioso and Stewart)
[Introduced February 15, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fourteen, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to cemeteries and graveyards; making it a misdemeanor offense to unlawfully damage a cemetery, graveyard or other human burial site; and penalties.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§
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)
Any person who unlawfully causes damage to any cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred fifty dollars nor more than two thousand dollars, or incarcerated in the county jail not more than one year, or both (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.
NOTE: The purpose of this bill is to provide harsher penalties for a violation of this section and to define the word "desecrate."
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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