As Reported by the Senate Judiciary 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-VERICH-BRADY- 10
PATTON-ROBERTS-CAREY-HOUSEHOLDER-MOTTLEY-REID-GRENDELL- 11
MASON-ALLEN-PADGETT-BRADING-TERWILLEGER-BENDER-WILSON- 12
THOMAS-SALERNO-BUCHY-SENATORS SHOEMAKER-LATELL-BLESSING- 13
HOWARD 14
16
A B I L L
To amend sections 2909.05 and 2927.11 of the Revised 18
Code to include the term "cemetery," defined to 19
include certain American Indian burial sites, in 20
the offenses of vandalism and desecration and to 21
modify the nature of the physical harm needed to
commit the offense of vandalism when the property 22
involved is used in a profession, business,
trade, or occupation. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2909.05 and 2927.11 of the 26
Revised Code be amended to read as follows: 27
Sec. 2909.05. (A) No person shall knowingly cause serious 36
physical harm to an occupied structure or any of its contents. 37
(B)(1) No person shall knowingly cause serious physical 39
harm to property that is owned or possessed by another, when 40
either of the following applies: 41
(a) The property is used by its owner or possessor in the 43
owner's or possessor's profession, business, trade, or 45
occupation, and the value of the property or the amount of 46
physical harm involved is five hundred dollars or more; 47
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(b) Regardless of the value of the property or the amount 49
of damage done, the property or its equivalent is necessary in 50
order for its owner or possessor to engage in the owner's or 51
possessor's profession, business, trade, or occupation. 53
(2) No person shall knowingly cause serious physical harm 55
to property that is owned, leased, or controlled by a 56
governmental entity. A governmental entity includes, but is not 57
limited to, the state or a political subdivision of the state, a 58
school district, the board of trustees of a public library or 59
public university, or any other body corporate and politic 60
responsible for governmental activities only in geographical 61
areas smaller than that of the state. 62
(C) No person, without privilege to do so, shall knowingly 64
cause serious physical harm to any tomb, monument, gravestone, or 65
other similar structure that is used as a memorial for the dead; 66
to any fence, railing, curb, or other property that is used to 67
protect, enclose, or ornament any place of burial CEMETERY; or to 69
a place of burial CEMETERY. 70
(D) No person, without privilege to do so, shall knowingly 72
cause physical harm to a place of burial by breaking and entering 73
into a tomb, crypt, casket, or other structure that is used as a 74
memorial for the dead or as an enclosure for the dead. 75
(E) Whoever violates this section is guilty of vandalism. 77
Except as otherwise provided in this division, vandalism is a 79
felony of the fifth degree that is punishable by a fine of up to 80
two thousand five hundred dollars in addition to the penalties 81
specified for a felony of the fifth degree in sections 2929.11 to 83
2929.18 of the Revised Code. If the value of the property or the 84
amount of physical harm involved is five thousand dollars or more 85
but less than one hundred thousand dollars, vandalism is a felony 86
of the fourth degree. If the value of the property or the amount 87
of physical harm involved is one hundred thousand dollars or 88
more, vandalism is a felony of the third degree. 89
(F) For purposes of this section, "serious: 91
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(1) "CEMETERY" MEANS ANY PLACE OF BURIAL AND INCLUDES 93
BURIAL SITES THAT CONTAIN AMERICAN INDIAN BURIAL OBJECTS PLACED 95
WITH OR CONTAINING AMERICAN INDIAN HUMAN REMAINS. 96
(2) "SERIOUS physical harm" means physical harm to 99
property that results in loss to the value of the property of
five hundred dollars or more. 100
Sec. 2927.11. (A) No person, without privilege to do so, 109
shall purposely deface, damage, pollute, or otherwise physically 110
mistreat any of the following: 111
(1) The flag of the United States or of this state; 113
(2) Any public monument; 115
(3) Any historical or commemorative marker, or any 117
structure, Indian mound or earthwork, CEMETERY, thing, or site of 118
great historical or archaeological interest; 119
(4) A place of worship, its furnishings, or religious 121
artifacts or sacred texts within the place of worship; 122
(5) A work of art or museum piece; 124
(6) Any other object of reverence or sacred devotion. 126
(B) Whoever violates this section is guilty of 128
desecration. Violation of division (A)(1), (2), (3), (5), or (6) 129
of this section is a misdemeanor of the second degree. Violation 130
of division (A)(4) of this section is a misdemeanor of the first 131
degree that is punishable by a fine of up to four thousand 132
dollars in addition to the penalties specified for a misdemeanor 133
of the first degree in section 2929.21 of the Revised Code. 134
(C) AS USED IN THIS SECTION, "CEMETERY" MEANS ANY PLACE OF 136
BURIAL AND INCLUDES BURIAL SITES THAT CONTAIN AMERICAN INDIAN 139
BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN INDIAN HUMAN 140
REMAINS.
Section 2. That existing sections 2909.05 and 2927.11 of 142
the Revised Code are hereby repealed. 143