Pennsylvania Act 2003-41 — CRIMES CODE (18 PA.C.S.) - DESECRATION OR SALE OF VENERATED OBJECTS

Act text

CRIMES CODE (18 PA.C.S.) - DESECRATION OR SALE OF VENERATED OBJECTS
                  Act of Dec. 16, 2003, P.L. 233, No. 41              Cl. 18
                             Session of 2003
                               No. 2003-41

     HB 46

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for desecration 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 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 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.
        (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)  [Definition] Definitions.--As used in this section, the
     [word "desecrate" means 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.] 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 act.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 16th day of December, A. D. 2003.

     EDWARD G. RENDELL