Section 145.23. Cemetery desecration in the first degree  


Latest version.
  • A  person  is  guilty of cemetery desecration in the first degree when
      with intent to damage property of another person, and having no right to
      do so nor any reasonable ground to believe that he has such right, he:
        (a) damages any real or personal property  maintained  as  a  cemetery
      plot,  grave,  burial place or other place of interment of human remains
      in an amount exceeding two hundred fifty dollars; or
        (b) with  intent  to  steal  personal  property,  he  steals  personal
      property, the value of which exceeds two hundred fifty dollars, which is
      located  at  a  cemetery  plot,  grave,  burial  place or other place of
      interment of human remains and which property is owned by the person  or
      organization   which  maintains  or  owns  such  place  or  the  estate,
      next-of-kin or representatives of the deceased person interred there; or
        (c) commits the crime of cemetery desecration in the second degree  as
      defined  in  section  145.22  of  this  article  and has been previously
      convicted of the crime of cemetery  desecration  in  the  second  degree
      within the preceding five years.
        Cemetery desecration in the first degree is a class E felony.