(1) Throw, place or putany refuse, garbage or trash in or on any cemetery.
(2) Take away, disturb,vandalize, destroy or change the location of any stone, brick, iron or othermaterial or fence enclosing a cemetery without authorization of law or consentof the surviving spouse or next of kin of the deceased.
(3) Take away, disturb,vandalize, destroy, or tamper with any shrubbery, flowers, plants or otherarticles planted or placed within any cemetery to designate where human remainsare interred or to preserve and perpetuate the memory and name of any person,without authorization of law or the consent of the surviving spouse or next ofkin.
(b) The provisions ofthis section shall not apply to:
(1) Ordinary maintenanceand care of a cemetery by the owner, caretaker, or other person acting tofacilitate cemetery operations by keeping the cemetery free from accumulateddebris or other signs of neglect.
(2) Conduct that is punishableunder G.S. 14‑149.
(3) A professionalarchaeologist as defined in G.S. 70‑28(4) acting pursuant to theprovisions of Article 3 of Chapter 70 of the General Statutes.
(c) Violation of thissection is a Class I felony if the damage caused by the violation is onethousand dollars ($1,000) or more. Any other violation of this section is aClass 1 misdemeanor. In passing sentence, the court shall consider theappropriateness of restitution or reparation as a condition of probation underG.S. 15A‑1343(b)(9) as an alternative to actual imposition of a fine,jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s. 3680; C.S.,s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87;1994, Ex. Sess., c. 24, s. 14(c); 2007‑122, s. 1.)
(1) Throw, place or putany refuse, garbage or trash in or on any cemetery.
(2) Take away, disturb,vandalize, destroy or change the location of any stone, brick, iron or othermaterial or fence enclosing a cemetery without authorization of law or consentof the surviving spouse or next of kin of the deceased.
(3) Take away, disturb,vandalize, destroy, or tamper with any shrubbery, flowers, plants or otherarticles planted or placed within any cemetery to designate where human remainsare interred or to preserve and perpetuate the memory and name of any person,without authorization of law or the consent of the surviving spouse or next ofkin.
(b) The provisions ofthis section shall not apply to:
(1) Ordinary maintenanceand care of a cemetery by the owner, caretaker, or other person acting tofacilitate cemetery operations by keeping the cemetery free from accumulateddebris or other signs of neglect.
(2) Conduct that is punishableunder G.S. 14‑149.
(3) A professionalarchaeologist as defined in G.S. 70‑28(4) acting pursuant to theprovisions of Article 3 of Chapter 70 of the General Statutes.
(c) Violation of thissection is a Class I felony if the damage caused by the violation is onethousand dollars ($1,000) or more. Any other violation of this section is aClass 1 misdemeanor. In passing sentence, the court shall consider theappropriateness of restitution or reparation as a condition of probation underG.S. 15A‑1343(b)(9) as an alternative to actual imposition of a fine,jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s. 3680; C.S.,s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87;1994, Ex. Sess., c. 24, s. 14(c); 2007‑122, s. 1.)
(1) Throw, place or putany refuse, garbage or trash in or on any cemetery.
(2) Take away, disturb,vandalize, destroy or change the location of any stone, brick, iron or othermaterial or fence enclosing a cemetery without authorization of law or consentof the surviving spouse or next of kin of the deceased.
(3) Take away, disturb,vandalize, destroy, or tamper with any shrubbery, flowers, plants or otherarticles planted or placed within any cemetery to designate where human remainsare interred or to preserve and perpetuate the memory and name of any person,without authorization of law or the consent of the surviving spouse or next ofkin.
(b) The provisions ofthis section shall not apply to:
(1) Ordinary maintenanceand care of a cemetery by the owner, caretaker, or other person acting tofacilitate cemetery operations by keeping the cemetery free from accumulateddebris or other signs of neglect.
(2) Conduct that is punishableunder G.S. 14‑149.
(3) A professionalarchaeologist as defined in G.S. 70‑28(4) acting pursuant to theprovisions of Article 3 of Chapter 70 of the General Statutes.
(c) Violation of thissection is a Class I felony if the damage caused by the violation is onethousand dollars ($1,000) or more. Any other violation of this section is aClass 1 misdemeanor. In passing sentence, the court shall consider theappropriateness of restitution or reparation as a condition of probation underG.S. 15A‑1343(b)(9) as an alternative to actual imposition of a fine,jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s. 3680; C.S.,s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87;1994, Ex. Sess., c. 24, s. 14(c); 2007‑122, s. 1.)
