§ 3766 - -Grave markers and ornaments
§ 3766. -Grave markers and ornaments
(a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure or destroy, or cause to be removed, broken down, injured or destroyed, an ornament, token, flag holder or emblem used to decorate, mark or distinguish the grave or tomb of a deceased person.
(b) A person shall not buy, sell or barter, or cause to be bought, sold or bartered, an ornament, token, flag holder or emblem which has been used to decorate, mark or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder or emblem by unlawful means.
(c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure or destroy, or cause to be removed, broken down, injured or destroyed, flowers, trees or any other plant matter used to decorate, mark or distinguish any cemetery property, including the grave or tomb of a deceased person. (Amended 1989, No. 142 (Adj. Sess.), § 4; 2001, No. 99 (Adj. Sess.), § 1, eff. May 8, 2002.)