2006 Ohio Revised Code - 2927.11. Desecration.

§ 2927.11. Desecration.
 

(A)  No person, without privilege to do so, shall purposely deface, damage, pollute, or otherwise physically mistreat any of the following: 

(1) The flag of the United States or of this state; 

(2) Any public monument; 

(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing, or site of great historical or archaeological interest; 

(4) A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located; 

(5) A work of art or museum piece; 

(6) Any other object of reverence or sacred devotion. 

(B)  Whoever violates this section is guilty of desecration. A violation of division (A)(1), (2), (3), (5), or (6) of this section is a misdemeanor of the second degree. Except as otherwise provided in this division, a violation of division (A)(4) of this section is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.13 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved in a violation of division (A)(4) of this section is five thousand dollars or more but less than one hundred thousand dollars, a violation of that division is a felony of the fourth degree. If the value of the property or the amount of physical harm involved in a violation of division (A)(4) of this section is one hundred thousand dollars or more, a violation of that division is a felony of the third degree. 

(C)  As used in this section, "cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 136 v H 418 (Eff 8-24-76); 137 v H 741 (Eff 10-9-78); 141 v S 316 (Eff 3-19-87); 147 v H 429 (Eff 9-30-98); 148 v S 51. Eff 9-20-99.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section prohibits any unprivileged defacement, damage, or physical mistreatment of: the national or state flag; public monuments; historical or commemorative markers; structures, things, or places of great historical interest; places of worship or their furnishings; cemeteries or gravestones; works of art; museum pieces; or objects of reverence or sacred devotion. The rationale behind the offense is that purposely desecrating any of the above objects provokes public outrage, and tends to produce a disorderly response. 

Desecration is a misdemeanor of the second degree. 

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