Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 41: Crimes Against The Public Peace

Statute 21-4111: Criminal desecration. (a) Criminal desecration is:

      (1)   Obtaining or attempting to obtain unauthorized control of a dead body or remains of any human being or the coffin, urn or other article containing a dead body or remains of any human being;

      (2)   by means other than by fire or explosive:

      (A)   Damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person;

      (B)   damaging, defacing or destroying any public monument or structure;

      (C)   damaging, defacing or destroying any tomb, monument, memorial, marker, grave, vault, crypt gate, tree, shrub, plant or any other property in a cemetery; or

      (D)   damaging, defacing or destroying any place of worship.

      (b) (1)   Criminal desecration as described in subsections (a)(2)(B), (a)(2)(C) and (a)(2)(D) is:

      (A)   A severity level 7, nonperson felony if the property is damaged to the extent of $25,000 or more;

      (B)   a severity level 9, nonperson felony if the property is damaged to the extent of at least $1,000 but less than $25,000; and

      (C)   a class A nonperson misdemeanor if the property is damaged to the extent of less than $1,000.

      (2)   Criminal desecration as described in subsections (a)(1) and (a)(2)(A) is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-4111; L. 1971, ch. 109, § 2; L. 1992, ch. 298, § 66; L. 1993, ch. 291, § 144; L. 1994, ch. 291, § 39; L. 2006, ch. 194, § 25; May 25.