PRINTER'S NO. 50
No. 46 Session of 2003
INTRODUCED BY NAILOR, ADOLPH, BAKER, COY, ALLEN, ARMSTRONG,
BALDWIN, BARRAR, BASTIAN, BELARDI, BELFANTI, BENNINGHOFF,
BROWNE, CAPPELLI, CIVERA, CLYMER, CORRIGAN, COSTA, CREIGHTON,
CRUZ, CURRY, DALEY, DeLUCA, DeWEESE, EGOLF, FAIRCHILD,
FICHTER, FLEAGLE, FRANKEL, FREEMAN, GABIG, GEIST, GEORGE,
GODSHALL, GRUCELA, HARHAI, HARHART, HASAY, HENNESSEY, HERMAN,
HERSHEY, HESS, KELLER, KIRKLAND, KOTIK, LAUGHLIN, LEACH,
LEDERER, LEH, MAHER, MAITLAND, MARSICO, McILHINNEY,
McNAUGHTON, MELIO, MICOZZIE, R. MILLER, S. MILLER, PAYNE,
PETRI, PHILLIPS, PRESTON, READSHAW, REICHLEY, ROHRER, ROSS,
RUBLEY, SATHER, SCAVELLO, SCHRODER, SHANER, B. SMITH,
SOLOBAY, STABACK, STERN, STURLA, E. Z. TAYLOR, THOMAS, TRUE,
WALKO, WILT, YOUNGBLOOD AND ZUG, JANUARY 29, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for desecration or
3 sale of venerated objects.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5509 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5509. Desecration or sale of venerated objects.
9 (a) Offense defined.--A person commits a misdemeanor of the
10 second degree if he:
11 (1) intentionally desecrates any public monument or
12 structure, or place of worship or burial;
13 (2) if he intentionally desecrates any other object of
1 veneration by the public or a substantial segment thereof in
2 any public place; or
3 (3) sells or attempts to sell a veteran's marker as
4 described in section 1913 of the act of August 9, 1955
5 (P.L.323, No.130), known as The County Code. This paragraph
6 shall not apply to the sale of veterans' markers authorized
7 by statute.
8 [(b) Definition.--As used in this section, the word
9 "desecrate" means defacing, damaging, polluting or otherwise
10 physically mistreating in a way that the actor knows will
11 outrage the sensibilities of persons likely to observe or
12 discover the action.]
13 (c) Historic burial lots and burial places.--A person
14 commits a misdemeanor of the first degree if the person
15 intentionally desecrates a historic burial lot or historic
16 burial place.
17 (d) Definitions.--As used in this section, the following
18 words and phrases shall have the meanings given to them in this
19 subsection:
20 "Desecrate." Defacing, damaging, polluting or otherwise
21 physically mistreating in a way that the actor knows will
22 outrage the sensibilities of persons likely to observe or
23 discover the action.
24 "Historic burial lot." An individual burial site within a
25 historic burial place.
26 "Historic burial place." A tract of land which has been:
27 (1) in existence as a burial ground for more than 100
28 years; or
29 (2) listed in or eligible for the National Register of
30 Historic Places as determined by the Pennsylvania Historical
20030H0046B0050 - 2 -
1 and Museum Commission.
2 Section 2. The amendment of 18 Pa.C.S. § 5509 shall apply to
3 offenses committed on or after the effective date of this act.
4 Section 3. This act shall take effect in 60 days.
L13L18DMS/20030H0046B0050 - 3 -