Senate Bill No. 79
(By Senators Wiedebusch, Chernenko, Dittmar,
Macnaughtan and Whitlow)
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[Introduced February 18, 1993; referred to the Committee
on the Judiciary.]
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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 damage,
desecrate or mar a cemetery or graveyard; providing for
recovery of treble damages under certain civil
circumstances.
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.
If Any person
who unlawfully
disinter or displace disinters
or displaces a dead human body, or any part of a dead human body,
which shall have been placed or deposited in any vault,
mausoleum, or any temporary or permanent burial place,
he shall
be 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.
Any person who damages, desecrates or mars 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 one thousand dollars nor more than
two thousand dollars, or imprisoned in the county jail not more
than one year, or both fined and imprisoned. In addition to the
criminal penalties provided by this section for damage to a
cemetery, graveyard or similar facility, an aggrieved party may
recover treble damages from a defendant found liable for
intentional harm to a cemetery or graveyard or similar facility
in a civil action.
NOTE: The purpose of this bill is to make damage to
cemeteries and graveyards a misdemeanor. The bill provides for
the recovery of treble damages for intentional harm to a cemetery
or graveyard in a civil action to recover damages from a
defendant.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.