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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 429 |
REPRESENTATIVES OGG-JACOBSON-JONES-LEWIS-MILLER-VAN VYVEN-GARCIA-
PRENTISS-OPFER-SYKES-LOGAN-HARTLEY-TAVARES-BRITTON-BOYD-
PRINGLE-LUCAS-FORD-ROMAN-JOLIVETTE-SULZER-VERICH-BRADY-
PATTON-ROBERTS-CAREY-HOUSEHOLDER-MOTTLEY-REID-GRENDELL-
MASON-ALLEN-PADGETT-BRADING-TERWILLEGER-BENDER-WILSON-
THOMAS-SALERNO-BUCHY-
SENATORS SHOEMAKER-LATELL-BLESSING-
HOWARD
A BILL
To amend sections 2909.05 and 2927.11 of the Revised Code to
include the term "cemetery," defined to include certain American Indian burial
sites, in the offenses of vandalism and desecration
and to modify the nature of the physical harm needed to commit the offense of
vandalism when the property involved is used in a profession, business, trade,
or occupation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2909.05 and 2927.11 of the Revised Code be
amended to read as follows:
Sec. 2909.05. (A) No person shall knowingly cause serious
physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause serious physical
harm to property that is owned or possessed by another, when
either of the following applies:
(a) The property is used by its owner or possessor in the owner's
or possessor's
profession, business, trade, or occupation, and the value of the
property or the amount of physical harm involved is five hundred
dollars or more;
(b) Regardless of the value of the property or the amount
of damage done, the property or its equivalent is necessary in
order for its owner or possessor to engage in the owner's or
possessor's profession,
business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm
to property that is owned, leased, or controlled by a
governmental entity. A governmental entity includes, but is not
limited to, the state or a political subdivision of the state, a
school district, the board of trustees of a public library or
public university, or any other body corporate and politic
responsible for governmental activities only in geographical
areas smaller than that of the state.
(C) No person, without privilege to do so, shall knowingly
cause serious physical harm to any tomb, monument, gravestone, or
other similar structure that is used as a memorial for the dead;
to any fence, railing, curb, or other property that is used to
protect, enclose, or ornament any place of burial CEMETERY; or
to a place
of burial CEMETERY.
(D) No person, without privilege to do so, shall knowingly
cause physical harm to a place of burial by breaking and entering
into a tomb, crypt, casket, or other structure that is used as a
memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism.
Except as otherwise
provided in this division, vandalism is a
felony of the fifth degree that is punishable by a fine of up to
two thousand five hundred dollars in addition to the penalties
specified for a felony of the fifth degree in
sections 2929.11 to 2929.18 of
the Revised Code. If the value of the property or the amount of
physical harm involved is five thousand dollars or more but less
than one hundred thousand dollars, vandalism is a felony of the
fourth degree. If the value of the property or the amount of
physical harm involved is one hundred thousand dollars or more,
vandalism is a felony of the third degree.
(F) For purposes of this section, "serious:
(1) "CEMETERY" MEANS ANY PLACE OF BURIAL AND INCLUDES BURIAL SITES THAT
CONTAIN AMERICAN
INDIAN BURIAL OBJECTS PLACED WITH OR CONTAINING AMERICAN
INDIAN HUMAN REMAINS.
(2) "SERIOUS physical harm" means
physical harm to property that results in loss to the value of the property of
five hundred dollars or more.
Sec. 2927.11. (A) No person, without privilege to do so,
shall purposely deface, damage, pollute, or otherwise physically
mistreat any of the following:
(1) The flag of the United States or of this state;
(2) Any public monument;
(3) Any historical or commemorative marker, or any
structure, Indian mound or earthwork, CEMETERY, thing, or site of great
historical or archaeological interest;
(4) A place of worship, its furnishings, or religious
artifacts or sacred texts within the place of worship;
(5) A work of art or museum piece;
(6) Any other object of reverence or sacred devotion.
(B) Whoever violates this section is guilty of
desecration. Violation of division (A)(1), (2), (3), (5), or (6)
of this section is a misdemeanor of the second degree. Violation
of division (A)(4) of this section is a misdemeanor of the first
degree that is punishable by a fine of up to four thousand
dollars in addition to the penalties specified for a misdemeanor
of the first degree in section 2929.21 of the Revised Code.
(C) AS USED IN THIS SECTION, "CEMETERY" MEANS ANY PLACE OF BURIAL
AND INCLUDES BURIAL SITES
THAT CONTAIN
AMERICAN INDIAN BURIAL OBJECTS PLACED WITH OR CONTAINING
AMERICAN INDIAN HUMAN REMAINS.
Section 2. That existing sections 2909.05 and 2927.11 of the Revised
Code are hereby repealed.
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