As Passed by the House 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-VERICH-BRADY- 10
PATTON-ROBERTS-CAREY-HOUSEHOLDER-MOTTLEY-REID-GRENDELL- 11
MASON-ALLEN-PADGETT-BRADING-TERWILLEGER-BENDER-WILSON- 12
THOMAS-SALERNO-BUCHY 13
15
A B I L L
To amend sections 2909.05 and 2927.11 of the Revised 17
Code to include the term "cemetery," defined to 18
include certain American Indian burial sites, in 19
the vandalism and desecration laws. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2909.05 and 2927.11 of the 23
Revised Code be amended to read as follows: 24
Sec. 2909.05. (A) No person shall knowingly cause serious 33
physical harm to an occupied structure or any of its contents. 34
(B)(1) No person shall knowingly cause serious physical 36
harm to property that is owned or possessed by another, when 37
either of the following applies: 38
(a) The property is used by its owner or possessor in the 40
owner's or possessor's profession, business, trade, or 42
occupation, and the value of the property or the amount of 43
physical harm involved is five hundred dollars or more; 44
(b) Regardless of the value of the property or the amount 46
of damage done, the property or its equivalent is necessary in 47
order for its owner or possessor to engage in the owner's or 48
possessor's profession, business, trade, or occupation. 50
(2) No person shall knowingly cause serious physical harm 52
2
to property that is owned, leased, or controlled by a 53
governmental entity. A governmental entity includes, but is not 54
limited to, the state or a political subdivision of the state, a 55
school district, the board of trustees of a public library or 56
public university, or any other body corporate and politic 57
responsible for governmental activities only in geographical 58
areas smaller than that of the state. 59
(C) No person, without privilege to do so, shall knowingly 61
cause serious physical harm to any tomb, monument, gravestone, or 62
other similar structure that is used as a memorial for the dead; 63
to any fence, railing, curb, or other property that is used to 64
protect, enclose, or ornament any place of burial CEMETERY; or to 66
a place of burial CEMETERY. 67
(D) No person, without privilege to do so, shall knowingly 69
cause physical harm to a place of burial by breaking and entering 70
into a tomb, crypt, casket, or other structure that is used as a 71
memorial for the dead or as an enclosure for the dead. 72
(E) Whoever violates this section is guilty of vandalism. 74
Except as otherwise provided in this division, vandalism is a 76
felony of the fifth degree that is punishable by a fine of up to 77
two thousand five hundred dollars in addition to the penalties 78
specified for a felony of the fifth degree in sections 2929.11 to 80
2929.18 of the Revised Code. If the value of the property or the 81
amount of physical harm involved is five thousand dollars or more 82
but less than one hundred thousand dollars, vandalism is a felony 83
of the fourth degree. If the value of the property or the amount 84
of physical harm involved is one hundred thousand dollars or 85
more, vandalism is a felony of the third degree. 86
(F) For purposes of this section, "serious: 88
(1) "CEMETERY" MEANS ANY PLACE OF BURIAL AND INCLUDES 90
BURIAL SITES THAT CONTAIN AMERICAN INDIAN BURIAL OBJECTS PLACED 92
WITH OR CONTAINING AMERICAN INDIAN HUMAN REMAINS. 93
(2) "SERIOUS physical harm" means physical harm to 96
property that results in loss to the value of the property of
3
five hundred dollars or more. 97
Sec. 2927.11. (A) No person, without privilege to do so, 106
shall purposely deface, damage, pollute, or otherwise physically 107
mistreat any of the following: 108
(1) The flag of the United States or of this state; 110
(2) Any public monument; 112
(3) Any historical or commemorative marker, or any 114
structure, Indian mound or earthwork, CEMETERY, thing, or site of 115
great historical or archaeological interest; 116
(4) A place of worship, its furnishings, or religious 118
artifacts or sacred texts within the place of worship; 119
(5) A work of art or museum piece; 121
(6) Any other object of reverence or sacred devotion. 123
(B) Whoever violates this section is guilty of 125
desecration. Violation of division (A)(1), (2), (3), (5), or (6) 126
of this section is a misdemeanor of the second degree. Violation 127
of division (A)(4) of this section is a misdemeanor of the first 128
degree that is punishable by a fine of up to four thousand 129
dollars in addition to the penalties specified for a misdemeanor 130
of the first degree in section 2929.21 of the Revised Code. 131
(C) AS USED IN THIS SECTION, "CEMETERY" MEANS ANY PLACE OF 133
BURIAL AND INCLUDES BURIAL SITES THAT CONTAIN AMERICAN INDIAN 136
BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN INDIAN HUMAN 137
REMAINS.
Section 2. That existing sections 2909.05 and 2927.11 of 139
the Revised Code are hereby repealed. 140