Senate Bill No. 79

(By Senators Wiedebusch, Chernenko, Dittmar,

Macnaughtan and Whitlow)

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[Introduced February 18, 1993; referred to the Committee
on the Judiciary.]

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A BILL to amend and reenact section fourteen, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to cemeteries and graveyards; making it a misdemeanor offense to damage, desecrate or mar a cemetery or graveyard; providing for recovery of treble damages under certain civil circumstances.

Be it enacted by the Legislature of West Virginia:
That section fourteen, article eight, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-14. Disinterment or displacement of dead body or part thereof; damage to cemetery or graveyard; penalties.

If Any person who unlawfully disinter or displace disinters or displaces a dead human body, or any part of a dead human body,which shall have been placed or deposited in any vault, mausoleum, or any temporary or permanent burial place, he shall be is guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for not less than two nor more than five years. Any person who damages, desecrates or mars any cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than two thousand dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned. In addition to the criminal penalties provided by this section for damage to a cemetery, graveyard or similar facility, an aggrieved party may recover treble damages from a defendant found liable for intentional harm to a cemetery or graveyard or similar facility in a civil action.



NOTE: The purpose of this bill is to make damage to cemeteries and graveyards a misdemeanor. The bill provides for the recovery of treble damages for intentional harm to a cemetery or graveyard in a civil action to recover damages from a defendant.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.