PARRIS N. GLENDENING, Governor

Ch. 399

(II) "ASSOCIATED FUNERARY OBJECT" INCLUDES A GRAVESTONE,
MONUMENT, TOMB, OR OTHER STRUCTURE IN OR DIRECTLY ASSOCIATED WITH A
BURIAL SITE.

(3) (I) "BURIAL SITE" MEANS ANY NATURAL OR PREPARED PHYSICAL
LOCATION, WHETHER ORIGINALLY LOCATED BELOW, ON, OR ABOVE THE SURFACE
OF THE EARTH INTO WHICH HUMAN REMAINS OR ASSOCIATED FUNERARY OBJECTS
ARE DEPOSITED AS A PART OF A DEATH RITE OR CEREMONY OF ANY CULTURE,
RELIGION, OR GROUP.

(II) "BURIAL SITE" INCLUDES THE HUMAN REMAINS AND
ASSOCIATED FUNERARY OBJECTS THAT RESULT FROM A SHIPWRECK OR ACCIDENT
AND ARE INTENTIONALLY LEFT TO REMAIN AT THE SITE:

[(a)](B) (1) Any person who wilfully destroys, mutilates, defaces, injures, or
removes any ASSOCIATED FUNERARY OBJECT [tomb, monument, gravestone, or other
structure placed in any cemetery, or any building, wall, fence, railing, or other work, for
the use, protection, or ornamentation of any cemetery] in [this] THE State is guilty of a
[misdemeanor] FELONY and shall bo fined not [mora] LESS than [$2,000,] $5,000 or
imprisoned for not more than [3] 2 years, or both, IN ADDITION TO PAYING THE COST
OF RESTORATION, REPLACEMENT, OR RESTITUTION.

(2) IN ADDITION TO BEING SUBJECT TO THE CRIMINAL PENALTIES
UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PERSON WHO VIOLATES A
PROHIBITION AGAINST WILLFULLY DESTROYING, MUTILATING, DEFACING,
INJURING, OR REMOVING ANY ASSOCIATED FUNERARY OBJECT IN THE STATE MAY
BE ASSESSED A CIVIL PENALTY.

[(b)](C) (1) Any person [who wilfully destroys, cuts, breaks, or removes any
tree, plant, or shrub in any cemetery in this State, or] who is found guilty of indecent or
disorderly conduct within [said limits,] A BURIAL SITE IN THE STATE [shall be] IS
guilty of a misdemeanor, and shall be fined not more than $500[, or imprisoned for not
more than 2 years, or both].

(2) IN ADDITION TO BEING SUBJECT TO THE CRIMINAL PENALTIES
UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PERSON WHO VIOLATES A
PROHIBITION AGAINST INDECENT OR DISORDERLY CONDUCT WITHIN A BURIAL
SITE IN THE STATE MAY BE ASSESSED A CIVIL PENALTY.

(D) A PERSON WHO WILLFULLY REMOVES AN ASSOCIATED FUNERARY
OBJECT FROM A BURIAL SITE FOR SALE OR TRADE OR WHO ENTERS A BURIAL SITE
IN THE STATE WAS KNOWN OR WAS MADE KNOWN TO THE PERSON, BASED ON
PHYSICAL EVIDENCE, DOCUMENTATION, OR RELIABLE PERSONAL RECOLLECTION,
TO REMOVE AN ASSOCIATED FUNERARY OBJECT FOR SALE OR TRADE MAY BE
ASSESSED A CIVIL PENALTY, INCLUDING FORFEITURE OF EQUIPMENT USED OR
INTENDED TO BE USED FOR THE REMOVAL IS GUILTY OF A MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT
FOR NOT MORE THAN 1 YEAR OR BOTH.

(E) (1) A PERSON WHO WILLFULLY REMOVES, DESTROYS, CUTS, BREAKS,
DEFACES, CHEMICALLY CONTAMINATES, OR OTHERWISE DESTRUCTIVELY ALTERS

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