2010 Maryland Code
CRIMINAL LAW
TITLE 10 - CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES
Subtitle 4 - Crimes Relating to Human Remains
Section 10-404 - Cemetery - Destroying funerary objects; indecent conduct.

§ 10-404. Cemetery - Destroying funerary objects; indecent conduct.
 

(a)  Prohibited - Destruction of funerary object; exception for repair or replacement.-  

(1) Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, deface, or remove: 

(i) an associated funerary object or another structure placed in a cemetery; or 

(ii) a building, wall, fence, railing, or other work, for the use, protection, or ornamentation of a cemetery. 

(2) The provisions of paragraph (1) of this subsection do not prohibit the removal of a funerary object or a building, wall, fence, railing, or other object installed for the use, protection, or ornamentation of a cemetery or burial site, for the purpose of repair or replacement, either at the request of or with the permission of heirs or descendants of the deceased or the owner or manager of the cemetery or burial site. 

(b)  Prohibited - Destruction of foliage; exception for routine care and maintenance.-  

(1) Subject to the provisions of paragraph (2) of this subsection, a person may not willfully destroy, damage, or remove a tree, plant, or shrub in a cemetery. 

(2) The provisions of paragraph (1) of this subsection do not prohibit normal maintenance of a cemetery or burial site, including trimming of trees and shrubs, removal of weeds or noxious growths, grass cutting, or other routine care and maintenance. 

(c)  Prohibited - Indecent or disorderly conduct.- A person may not engage in indecent or disorderly conduct in a cemetery. 

(d)  Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to: 

(1) for a violation of subsection (a) of this section, imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both; and 

(2) for a violation of subsection (b) or (c) of this section, imprisonment not exceeding 2 years or a fine not exceeding $500 or both. 

(e)  Penalty - Payment for restoration.- A person who violates this section shall pay for the restoration of any damaged or defaced real or personal property in a cemetery to the owner of the property or the owner of the cemetery. 

(f)  Construction of section.- This section does not prohibit the removal of human remains or a funerary object from an abandoned cemetery if: 

(1) the removal is authorized in writing by the State's Attorney of the county in which the cemetery containing the human remains or funerary object is located; and 

(2) the human remains or funerary object are placed in an accessible place in a permanent cemetery. 
 

[An. Code 1957, art. 27, § 267(b)-(d); 2002, ch. 26, § 2; 2003, ch. 21, § 1; 2005, ch. 208; 2006, ch. 38; 2008, ch. 268.]