§ 11-41-32 Theft of historic stone walls.– (a) This section shall be known as the "Leona Kelley Act."
(b) "Property", as defined in § 11-41-1, includes anhistoric stone wall as defined in subsection (c) of this section, and anyperson convicted of the theft of an historic stone wall, or portions of a wall,shall be subject to the penalties for larceny as provided in § 11-41-5.
(c) For the purposes of this chapter, "historic stone wall"is defined as a vertical structure of aligned natural stone, originallyconstructed in the 17th, 18th, 19th or 20th centuries, to designate a propertyboundary between farmsteads or to segregate agricultural activities with asingle farmstead or to designate property lines. This definition includes newstone walls which closely approximate the appearance of adjoining stone wallswith respect to coursing, stone type, joint width, construction anddistribution of stones by size.
(d) Anyone convicted of the larceny of an historic stonewall, or portions of a wall, or convicted of attempt to commit larceny, shallbe civilly liable to the property owner for the cost of replacing the stonesand any other compensable damages related to the larceny.
(e) Any person who makes any plea to a charge under thissection, or any person found guilty or convicted under this section, may beordered to make restitution as a part of his or her sentence and/ordisposition. That restitution shall include, but not be limited to, the valueof the historic stone wall or portions of it, the reasonable value of any laborand other materials necessary to repair and/or return the wall to the conditionit was in prior to the theft, and any other reasonable expenses that, in thediscretion of the sentencing judge, are necessary to do justice in disposing ofthe case. This section is in addition to any other sanctions a sentencing judgemay impose in his or her discretion.
§ 11-41-32 Theft of historic stone walls.– (a) This section shall be known as the "Leona Kelley Act."
(b) "Property", as defined in § 11-41-1, includes anhistoric stone wall as defined in subsection (c) of this section, and anyperson convicted of the theft of an historic stone wall, or portions of a wall,shall be subject to the penalties for larceny as provided in § 11-41-5.
(c) For the purposes of this chapter, "historic stone wall"is defined as a vertical structure of aligned natural stone, originallyconstructed in the 17th, 18th, 19th or 20th centuries, to designate a propertyboundary between farmsteads or to segregate agricultural activities with asingle farmstead or to designate property lines. This definition includes newstone walls which closely approximate the appearance of adjoining stone wallswith respect to coursing, stone type, joint width, construction anddistribution of stones by size.
(d) Anyone convicted of the larceny of an historic stonewall, or portions of a wall, or convicted of attempt to commit larceny, shallbe civilly liable to the property owner for the cost of replacing the stonesand any other compensable damages related to the larceny.
(e) Any person who makes any plea to a charge under thissection, or any person found guilty or convicted under this section, may beordered to make restitution as a part of his or her sentence and/ordisposition. That restitution shall include, but not be limited to, the valueof the historic stone wall or portions of it, the reasonable value of any laborand other materials necessary to repair and/or return the wall to the conditionit was in prior to the theft, and any other reasonable expenses that, in thediscretion of the sentencing judge, are necessary to do justice in disposing ofthe case. This section is in addition to any other sanctions a sentencing judgemay impose in his or her discretion.
§ 11-41-32 Theft of historic stone walls.– (a) This section shall be known as the "Leona Kelley Act."
(b) "Property", as defined in § 11-41-1, includes anhistoric stone wall as defined in subsection (c) of this section, and anyperson convicted of the theft of an historic stone wall, or portions of a wall,shall be subject to the penalties for larceny as provided in § 11-41-5.
(c) For the purposes of this chapter, "historic stone wall"is defined as a vertical structure of aligned natural stone, originallyconstructed in the 17th, 18th, 19th or 20th centuries, to designate a propertyboundary between farmsteads or to segregate agricultural activities with asingle farmstead or to designate property lines. This definition includes newstone walls which closely approximate the appearance of adjoining stone wallswith respect to coursing, stone type, joint width, construction anddistribution of stones by size.
(d) Anyone convicted of the larceny of an historic stonewall, or portions of a wall, or convicted of attempt to commit larceny, shallbe civilly liable to the property owner for the cost of replacing the stonesand any other compensable damages related to the larceny.
(e) Any person who makes any plea to a charge under thissection, or any person found guilty or convicted under this section, may beordered to make restitution as a part of his or her sentence and/ordisposition. That restitution shall include, but not be limited to, the valueof the historic stone wall or portions of it, the reasonable value of any laborand other materials necessary to repair and/or return the wall to the conditionit was in prior to the theft, and any other reasonable expenses that, in thediscretion of the sentencing judge, are necessary to do justice in disposing ofthe case. This section is in addition to any other sanctions a sentencing judgemay impose in his or her discretion.
