MARVIN MANDEL, Governor                          1233

the buildings or property mentioned in the foregoing sections, or
who commits any act preliminary thereto, or in furtherance thereof,
shall upon conviction thereof, be sentenced to the penitentiary for

not less than [one] five nor more than [two] years [or fined

not to exceed one thousand dollars]. NOT MORE THAN TWO (2)
YEARS OR FINED NOT TO EXCEED ONE THOUSAND DOL-
LARS.

The placing or distributing of any flammable, explosive or com-
bustible material or substance, or any device in any building or
property mentioned in the foregoing sections in an arrangement or
preparation with intent to eventually wilfully and maliciously set
fire to or burn same, or to procure the setting fire to or burning of
same shall, for the purpose of this subtitle constitute an attempt to
burn such building or property.

10A.

It shall be unlawful for any person or persons to burn or cause to
be burned any cross or other religious symbol upon any private or
public property within this State without the express consent of the
owner of such property and without first giving notice to the fire
department which services the area in which such burning is to take
place. Any person or persons who violates the provisions of this
section shall, upon conviction, be deemed guilty of a misdemeanor
and shall suffer punishment by imprisonment in the county or Balti-
more City jail for a period not [to exceed 90 days or shall be fined an
amount not to exceed $500.00 or shall suffer both such fine and
imprisonment in the discretion of the court.] less than five nor more
than thirty years. MORE CITY JAIL FOR A PERIOD NOT TO
EXCEED 90 DAYS OR SHALL BE FINED AN AMOUNT NOT
TO EXCEED $500.00 OR SHALL SUFFER BOTH SUCH FINE
AND IMPRISONMENT IN THE DISCRETION OF THE COURT.

11.

Any person, who, while perpetrating, or attempting to perpetrate,
a crime, shall set fire to or burn any of the buildings enumerated in
this subtitle, shall, upon conviction thereof, be sentenced to the peni-
tentiary for not less than five nor more than [three] thirty years.
TENTIARY FOR NOT MORE THAN THREE YEARS.

In prescribing a punishment for an act made unlawful under this
subtitle; the sentencing judge may impose a lesser penalty of the same
character for a first offense, but shall prescribe at least the full
minimum penalty for a second offense (regardless of the nature of
the offense), and the maximum penalty for a third and subsequent
conviction (regardless of the offense).

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1969.

Approved May 2, 1969.

11½.