As Reported by the House Local Government and Townships Committee 1
122nd General Assembly 4
Regular Session Sub. 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-ROMAN-JOLIVETTE-SULZER 10
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A B I L L
To amend sections 2909.05 and 2927.11 of the Revised 14
Code to include the term "cemetery," defined to 15
include certain American Indian burial sites, in 16
the vandalism and desecration laws. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2909.05 and 2927.11 of the 20
Revised Code be amended to read as follows: 21
Sec. 2909.05. (A) No person shall knowingly cause serious 30
physical harm to an occupied structure or any of its contents. 31
(B)(1) No person shall knowingly cause serious physical 33
harm to property that is owned or possessed by another, when 34
either of the following applies: 35
(a) The property is used by its owner or possessor in the 37
owner's or possessor's profession, business, trade, or 39
occupation, and the value of the property or the amount of 40
physical harm involved is five hundred dollars or more; 41
(b) Regardless of the value of the property or the amount 43
of damage done, the property or its equivalent is necessary in 44
order for its owner or possessor to engage in the owner's or 45
possessor's profession, business, trade, or occupation. 47
(2) No person shall knowingly cause serious physical harm 49
to property that is owned, leased, or controlled by a 50
governmental entity. A governmental entity includes, but is not 51
limited to, the state or a political subdivision of the state, a 52
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school district, the board of trustees of a public library or 53
public university, or any other body corporate and politic 54
responsible for governmental activities only in geographical 55
areas smaller than that of the state. 56
(C) No person, without privilege to do so, shall knowingly 58
cause serious physical harm to any tomb, monument, gravestone, or 59
other similar structure that is used as a memorial for the dead; 60
to any fence, railing, curb, or other property that is used to 61
protect, enclose, or ornament any place of burial CEMETERY; or to 63
a place of burial CEMETERY. 64
(D) No person, without privilege to do so, shall knowingly 66
cause physical harm to a place of burial by breaking and entering 67
into a tomb, crypt, casket, or other structure that is used as a 68
memorial for the dead or as an enclosure for the dead. 69
(E) Whoever violates this section is guilty of vandalism. 71
Except as otherwise provided in this division, vandalism is a 73
felony of the fifth degree that is punishable by a fine of up to 74
two thousand five hundred dollars in addition to the penalties 75
specified for a felony of the fifth degree in sections 2929.11 to 77
2929.18 of the Revised Code. If the value of the property or the 78
amount of physical harm involved is five thousand dollars or more 79
but less than one hundred thousand dollars, vandalism is a felony 80
of the fourth degree. If the value of the property or the amount 81
of physical harm involved is one hundred thousand dollars or 82
more, vandalism is a felony of the third degree. 83
(F) For purposes of this section, "serious: 85
(1) "CEMETERY" MEANS ANY PLACE OF BURIAL AND INCLUDES 87
BURIAL SITES THAT CONTAIN AMERICAN INDIAN BURIAL OBJECTS PLACED 89
WITH OR CONTAINING AMERICAN INDIAN HUMAN REMAINS. 90
(2) "SERIOUS physical harm" means physical harm to 93
property that results in loss to the value of the property of
five hundred dollars or more. 94
Sec. 2927.11. (A) No person, without privilege to do so, 103
shall purposely deface, damage, pollute, or otherwise physically 104
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mistreat any of the following: 105
(1) The flag of the United States or of this state; 107
(2) Any public monument; 109
(3) Any historical or commemorative marker, or any 111
structure, Indian mound or earthwork, CEMETERY, thing, or site of 112
great historical or archaeological interest; 113
(4) A place of worship, its furnishings, or religious 115
artifacts or sacred texts within the place of worship; 116
(5) A work of art or museum piece; 118
(6) Any other object of reverence or sacred devotion. 120
(B) Whoever violates this section is guilty of 122
desecration. Violation of division (A)(1), (2), (3), (5), or (6) 123
of this section is a misdemeanor of the second degree. Violation 124
of division (A)(4) of this section is a misdemeanor of the first 125
degree that is punishable by a fine of up to four thousand 126
dollars in addition to the penalties specified for a misdemeanor 127
of the first degree in section 2929.21 of the Revised Code. 128
(C) AS USED IN THIS SECTION, "CEMETERY" MEANS ANY PLACE OF 130
BURIAL AND INCLUDES BURIAL SITES THAT CONTAIN AMERICAN INDIAN 133
BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN INDIAN HUMAN 134
REMAINS.
Section 2. That existing sections 2909.05 and 2927.11 of 136
the Revised Code are hereby repealed. 137