Section 35-43-1-2.1 - Cemetery mischief(a) This section does not apply to the following:(1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24.(2) A person who acts in a proper and acceptable manner as authorized by IC 23-14.(b) A person who recklessly, knowingly, or intentionally:(1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3), or a facility used for memorializing the dead;(2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or(3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure; commits cemetery mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).
Amended by P.L. 252-2017,SEC. 13, eff. 7/1/2017.Amended by P.L. 158-2013, SEC. 454, eff. 7/1/2014.As added by P.L. 100-1999, SEC.3. Amended by P.L. 177-2001, SEC.4.