SENATE AMENDED
PRIOR PRINTER'S NOS. 3307, 4178, 4338 PRINTER'S NO. 4518
No. 2289 Session of 2008
INTRODUCED BY MANTZ, ARGALL, BARRAR, BASTIAN, BELFANTI,
BENNINGHOFF, BOYD, BRENNAN, CAPPELLI, CLYMER, CONKLIN,
CREIGHTON, DALLY, DeLUCA, EVERETT, FLECK, FRANKEL, GABIG,
GEIST, GEORGE, GIBBONS, GILLESPIE, GINGRICH, GODSHALL,
N. P. GOODMAN, GRELL, GRUCELA, HARHAI, HARRIS, HERSHEY, HESS,
HORNAMAN, KAUFFMAN, M. KELLER, KENNEY, KILLION, KOTIK, KULA,
MAHONEY, MAJOR, MANDERINO, MANN, MARKOSEK, MARSHALL, MARSICO,
McILHATTAN, MELIO, METCALFE, MICOZZIE, MILLARD, R. MILLER,
MOUL, MOYER, MURT, NAILOR, O'NEILL, PASHINSKI, PAYNE, PEIFER,
PETRARCA, PHILLIPS, PICKETT, PYLE, RAPP, REICHLEY, ROEBUCK,
ROHRER, RUBLEY, SCAVELLO, SCHRODER, SIPTROTH, K. SMITH,
SONNEY, STERN, SWANGER, TRUE, TURZAI, VULAKOVICH, WALKO,
J. WHITE, WOJNAROSKI, YOUNGBLOOD, D. O'BRIEN, FAIRCHILD,
PETRONE, CALTAGIRONE AND BROOKS, MARCH 5, 2008
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 7, 2008
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for desecration, <--
3 THEFT or sale of venerated objects.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5509(a) 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]
10 (1) Except as provided in paragraph (2), a person
11 commits a misdemeanor of the second degree if he:
12 [(1)] (i) intentionally desecrates any public
1 monument or structure, or place of worship or burial;
2 [(2) if he]
3 (ii) intentionally desecrates any other object of
4 veneration by the public or a substantial segment thereof
5 in any public place; [or
6 (3)] (iii) sells [or], attempts to sell or removes,
7 with intent to sell, a veteran's marker as described in
8 section 1913 of the act of August 9, 1955 (P.L.323,
9 No.130), known as The County Code. This [paragraph]
10 subparagraph shall not apply to the sale of veterans'
11 markers authorized by statute[.]; or
12 (iv) accepts or purchases the veteran's marker or
13 item decorating a veteran's grave, with the intent of
14 marketing or destroying the marker or item. A marker no
15 longer wanted by the veteran's family or a marker that
16 has been damaged or destroyed shall be turned over to the
17 county for proper disposal in order to stop people from
18 stealing and selling grave markers for financial gain.
19 (2) A second or subsequent offense under paragraph
20 (1)(iii) shall constitute a misdemeanor of the first degree.
21 * * *
22 SECTION 1. SECTION 5509 OF TITLE 18 OF THE PENNSYLVANIA <--
23 CONSOLIDATED STATUTES IS AMENDED TO READ:
24 § 5509. DESECRATION, THEFT OR SALE OF VENERATED OBJECTS.
25 (A) OFFENSE DEFINED.--A PERSON COMMITS [A MISDEMEANOR OF THE <--
26 SECOND DEGREE] AN OFFENSE IF HE: <--
27 (1) INTENTIONALLY DESECRATES ANY PUBLIC MONUMENT OR
28 STRUCTURE, OR PLACE OF WORSHIP OR BURIAL;
29 (2) [IF HE] INTENTIONALLY DESECRATES ANY OTHER OBJECT OF
30 VENERATION BY THE PUBLIC OR A SUBSTANTIAL SEGMENT THEREOF IN
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1 ANY PUBLIC PLACE; [OR]
2 (3) SELLS, [OR] ATTEMPTS TO SELL OR REMOVES WITH INTENT
3 TO SELL A VETERAN'S MARKER AS DESCRIBED IN SECTION 1913 OF
4 THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE
5 COUNTY CODE. THIS PARAGRAPH SHALL NOT APPLY TO THE SALE OF
6 VETERANS' MARKERS AUTHORIZED BY STATUTE[.]; OR
7 (4) INTENTIONALLY RECEIVES, RETAINS OR DISPOSES OF A
8 VETERAN'S MARKER OR ITEM DECORATING A VETERAN'S GRAVE KNOWING
9 THAT THE ITEM HAS BEEN STOLEN, OR BELIEVING THAT IT HAS
10 PROBABLY BEEN STOLEN, UNLESS IT HAS BEEN RECEIVED, RETAINED
11 OR DISPOSED OF WITH THE INTENT TO RETURN IT TO THE OWNER.
12 (A.1) HISTORIC BURIAL LOTS AND BURIAL PLACES.--A PERSON
13 COMMITS [A MISDEMEANOR OF THE FIRST DEGREE] AN OFFENSE IF THE <--
14 PERSON INTENTIONALLY DESECRATES A HISTORIC BURIAL LOT OR
15 HISTORIC BURIAL PLACE.
16 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
17 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
18 SUBSECTION:
19 "DESECRATE." DEFACING, DAMAGING, POLLUTING OR OTHERWISE
20 PHYSICALLY MISTREATING IN A WAY THAT THE ACTOR KNOWS WILL
21 OUTRAGE THE SENSIBILITIES OF PERSONS LIKELY TO OBSERVE OR
22 DISCOVER THE ACTION.
23 "HISTORIC BURIAL LOT." AN INDIVIDUAL BURIAL SITE WITHIN A
24 HISTORIC BURIAL PLACE.
25 "HISTORIC BURIAL PLACE." A TRACT OF LAND WHICH HAS BEEN:
26 (1) IN EXISTENCE AS A BURIAL GROUND FOR MORE THAN 100
27 YEARS; OR
28 (2) LISTED IN OR ELIGIBLE FOR THE NATIONAL REGISTER OF
29 HISTORIC PLACES AS DETERMINED BY THE PENNSYLVANIA HISTORICAL
30 AND MUSEUM COMMISSION.
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1 (C) GRADING.-- <--
2 (1) AN OFFENSE UNDER SUBSECTION (A) SHALL BE GRADED AS
3 FOLLOWS:
4 (I) A FELONY OF THE THIRD DEGREE IF THE AMOUNT OF
5 LOSS OR DAMAGE IS IN EXCESS OF $2,000, OR A SECOND OR
6 SUBSEQUENT OFFENSE UNDER SUBSECTION (A)(3) OR (4).
7 (II) A MISDEMEANOR OF THE FIRST DEGREE IF THE AMOUNT
8 OF LOSS OR DAMAGE IS $200 OR MORE BUT LESS THAN OR EQUAL
9 TO $2,000.
10 (III) A MISDEMEANOR OF THE SECOND DEGREE IF THE
11 AMOUNT OF LOSS OR DAMAGE IS $50 OR MORE BUT LESS THAN
12 $200.
13 (IV) A MISDEMEANOR OF THE THIRD DEGREE FOR ALL OTHER
14 OFFENSES.
15 (2) AN OFFENSE UNDER SUBSECTION (A.1) SHALL BE GRADED AS
16 FOLLOWS:
17 (I) A FELONY OF THE THIRD DEGREE IF THE AMOUNT OF
18 DAMAGE IS IN EXCESS OF $2,000 OR A SECOND OR SUBSEQUENT
19 OFFENSE.
20 (II) A MISDEMEANOR OF THE FIRST DEGREE FOR ALL OTHER
21 OFFENSES.
22 Section 2. The amendment of 18 Pa.C.S. § 5509(a) 5509 shall <--
23 apply to offenses committed on or after the effective date of
24 this section.
25 Section 3. This act shall take effect in 60 days.
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