Pennsylvania Act 2008-116 — CRIMES CODE (18 PA.C.S.) - DESECRATION, THEFT OR SALE OF VENERATED OBJECTS

Act text

CRIMES CODE (18 PA.C.S.) - DESECRATION, THEFT OR SALE OF VENERATED
                                 OBJECTS
                 Act of Oct. 9, 2008, P.L. 1419, No. 116              Cl. 18
                             Session of 2008
                               No. 2008-116

     HB 2289

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for desecration,
        theft or sale of venerated objects.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5509 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5509.  Desecration, theft or sale of venerated objects.
        (a)  Offense defined.--A person commits a misdemeanor of the
     second degree if he:
            (1)  intentionally desecrates any public monument or
        structure, or place of worship or burial;
            (2)  [if he] intentionally desecrates any other object of
        veneration by the public or a substantial segment thereof in
        any public place; [or]
            (3)  sells, [or] attempts to sell or removes with intent
        to sell a veteran's marker as described in section 1913 of
        the act of August 9, 1955 (P.L.323, No.130), known as The
        County Code. This paragraph shall not apply to the sale of
        veterans' markers authorized by statute[.]; or
            (4)  intentionally receives, retains or disposes of a
        veteran's marker or item decorating a veteran's grave knowing
        that the item has been stolen, or believing that it has
        probably been stolen, unless it has been received, retained
        or disposed of with the intent to return it to the owner.
        (a.1)  Historic burial lots and burial places.--A person
     commits a misdemeanor of the first degree if the person
     intentionally desecrates a historic burial lot or historic
     burial place.
        (b)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Desecrate."  Defacing, damaging, polluting or otherwise
     physically mistreating in a way that the actor knows will
     outrage the sensibilities of persons likely to observe or
     discover the action.
        "Historic burial lot."  An individual burial site within a
     historic burial place.
        "Historic burial place."  A tract of land which has been:
            (1)  in existence as a burial ground for more than 100
        years; or
            (2)  listed in or eligible for the National Register of
        Historic Places as determined by the Pennsylvania Historical
        and Museum Commission.
        Section 2.  The amendment of 18 Pa.C.S. § 5509 shall apply to
     offenses committed on or after the effective date of this
     section.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL