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Enrolled Version - Final Version Senate Bill 33 History

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Key: Green = existing Code. Red = new code to be enacted
ENROLLED

Senate Bill No. 33

(By Senators Wiedebusch, Anderson, Dittmar, Grubb,

Holliday, Macnaughtan, Miller, Plymale, Ross,

Wagner, Wooton and Yoder)

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[Passed February 15, 1994; in effect from passage.]

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AN ACT 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 the felony offense of unlawfully disinterring or displacing a dead human body or part thereof; the creation of the misdemeanor offense of intentionally desecrating a cemetery, graveyard, mausoleum or other designated human burial site; the definition of desecration; and criminal 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) (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.
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