As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 429 5
1997-1998 6
REPRESENTATIVES OGG-JACOBSON-JONES-LEWIS-MILLER-VAN VYVEN-GARCIA- 8
PRENTISS-OPFER-SYKES-LOGAN-HARTLEY-TAVARES-BRITTON-BOYD- 9
PRINGLE-LUCAS-FORD 10
12
A B I L L
To amend sections 1.59, 2909.05, and 2927.11 of the 14
Revised Code to define "cemetery" and to include 15
the term "cemetery" in the vandalism and 16
desecration laws. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 1.59, 2909.05, and 2927.11 of the 20
Revised Code be amended to read as follows: 21
Sec. 1.59. As used in any statute, unless another 30
definition is provided in such statute or a related statute: 31
(A) "Child" includes child by adoption. 33
(B) "Oath" includes affirmation and "swear" includes 35
affirm. 36
(C) "Person" includes an individual, corporation, business 38
trust, estate, trust, partnership, and association. 39
(D) "Population" means that shown by the most recent 41
regular federal census. 42
(E) "Property" means real and personal property. 44
(F) "Rule" includes regulation. 46
(G) "State," when applied to a part of the United States, 48
includes any state, district, commonwealth, territory, insular 49
possession thereof, and any area subject to the legislative 50
authority of the United States of America. "This state" or "the 51
state" means the state of Ohio. 52
(H) "United States" includes all the states. 54
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(I) "Will" includes codicil. 56
(J) "Written" or "in writing" includes any representation 58
of words, letters, symbols, or figures; this provision does not 59
affect any law relating to signatures. 60
(K) "CEMETERY" INCLUDES BURIAL SITES THAT CONTAIN AMERICAN 63
INDIAN BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN INDIAN 64
HUMAN REMAINS.
Sec. 2909.05. (A) No person shall knowingly cause serious 73
physical harm to an occupied structure or any of its contents. 74
(B)(1) No person shall knowingly cause serious physical 76
harm to property that is owned or possessed by another, when 77
either of the following applies: 78
(a) The property is used by its owner or possessor in the 80
owner's or possessor's profession, business, trade, or 82
occupation, and the value of the property or the amount of 83
physical harm involved is five hundred dollars or more; 84
(b) Regardless of the value of the property or the amount 86
of damage done, the property or its equivalent is necessary in 87
order for its owner or possessor to engage in the owner's or 88
possessor's profession, business, trade, or occupation. 90
(2) No person shall knowingly cause serious physical harm 92
to property that is owned, leased, or controlled by a 93
governmental entity. A governmental entity includes, but is not 94
limited to, the state or a political subdivision of the state, a 95
school district, the board of trustees of a public library or 96
public university, or any other body corporate and politic 97
responsible for governmental activities only in geographical 98
areas smaller than that of the state. 99
(C) No person, without privilege to do so, shall knowingly 101
cause serious physical harm to any tomb, monument, gravestone, or 102
other similar structure that is used as a memorial for the dead; 103
to any fence, railing, curb, or other property that is used to 104
protect, enclose, or ornament any place of burial CEMETERY; or to 106
a place of burial CEMETERY. 107
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(D) No person, without privilege to do so, shall knowingly 109
cause physical harm to a place of burial by breaking and entering 110
into a tomb, crypt, casket, or other structure that is used as a 111
memorial for the dead or as an enclosure for the dead. 112
(E) Whoever violates this section is guilty of vandalism. 114
Except as otherwise provided in this division, vandalism is a 116
felony of the fifth degree that is punishable by a fine of up to 117
two thousand five hundred dollars in addition to the penalties 118
specified for a felony of the fifth degree in sections 2929.11 to 120
2929.18 of the Revised Code. If the value of the property or the 121
amount of physical harm involved is five thousand dollars or more 122
but less than one hundred thousand dollars, vandalism is a felony 123
of the fourth degree. If the value of the property or the amount 124
of physical harm involved is one hundred thousand dollars or 125
more, vandalism is a felony of the third degree. 126
(F) For purposes of this section, "serious physical harm" 128
means physical harm to property that results in loss to the value 129
of the property of five hundred dollars or more. 130
Sec. 2927.11. (A) No person, without privilege to do so, 139
shall purposely deface, damage, pollute, or otherwise physically 140
mistreat any of the following: 141
(1) The flag of the United States or of this state; 143
(2) Any public monument; 145
(3) Any historical or commemorative marker, or any 147
structure, Indian mound or earthwork, CEMETERY, thing, or site of 148
great historical or archaeological interest; 149
(4) A place of worship, its furnishings, or religious 151
artifacts or sacred texts within the place of worship; 152
(5) A work of art or museum piece; 154
(6) Any other object of reverence or sacred devotion. 156
(B) Whoever violates this section is guilty of 158
desecration. Violation of division (A)(1), (2), (3), (5), or (6) 159
of this section is a misdemeanor of the second degree. Violation 160
of division (A)(4) of this section is a misdemeanor of the first 161
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degree that is punishable by a fine of up to four thousand 162
dollars in addition to the penalties specified for a misdemeanor 163
of the first degree in section 2929.21 of the Revised Code. 164
Section 2. That existing sections 1.59, 2909.05, and 166
2927.11 of the Revised Code are hereby repealed. 167