COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 79
(By Senators Wiedebusch, Chernenko, Dittmar,
Macnaughtan and Whitlow)
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[Originating in the Committee on the Judiciary;
reported February 23, 1993.]
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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 depositedin 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 for 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.
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(NOTE: The purpose of this bill is to make unlawful damage
to cemeteries and graveyards a misdemeanor.)
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