According to the statues posted on the INPCRP website:
IC 35-43-1-2.1
Cemetery mischief
Sec. 2.1. (a) This section does not apply to the following:
(1) A person who acts in a proper and acceptable manner as
authorized by IC 14-21 other than a person who disturbs the earth for an
agricultural purpose under the exemption to IC 14-21 that is provided in IC
14-21-1-24.
(2) A person who acts in a proper and acceptable manner as
authorized by IC 23-14.
(b) A person who recklessly, knowingly, or intentionally:
(1) damages a cemetery, a burial ground (as defined in IC
14-21-1-3), or a facility used for memorializing the dead;
(2) damages the grounds owned or rented by a cemetery or facility
used for memorializing the dead; or
(3) disturbs, defaces, or damages a cemetery monument, grave marker,
grave artifact, grave ornamentation, or cemetery enclosure;
commits cemetery mischief, a Class A misdemeanor. However, the offense is a
Class D felony if the pecuniary loss is at least two thousand five hundred
dollars ($2,500).
As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001, SEC.4.
Guess it would depend on what the punishment is for a Class D felony.
Rhonda Stoffer
Head of Indiana History and Genealogy Services
Marion Public Library
-----Original Message-----
From: Sue Silver [mailto:ssilver1951@jps.net]
Sent: Wednesday, July 28, 2004 12:24 PM
To: INPCRP-L(a)rootsweb.com
Subject: Re: [INPCRP] photo of Pleasant Grove near Warsaw in Kosciusko
County
Doesn't the value of the individual monuments elevate a crime like this from
misdemeanor to felony? At what dollar amount of damage might this kick into
being a felony? In California, it's something like $2500 or $3500 dollars.
In addition to cemetery vandalism, this should also be pursued as a crime
against PROPERTY with the value of the damaged property determining if it is
charged as a misdemeanor or a felony. The combined total value (in today's
dollars to repair/replace) of the damaged items PLUS the cost to reset,
should take it to a felony category. Or am I wrongheaded?
Sue Silver
California
----- Original Message -----
From: <amyiswonderful(a)comcast.net>
To: <INPCRP-L(a)rootsweb.com>
Sent: Wednesday, July 28, 2004 10:00 AM
Subject: [INPCRP] photo of Pleasant Grove near Warsaw in Kosciusko County
http://www.fortwayne.com/mld/journalgazette/news/local/9234864.htm
In the article, the cemetery trustee is asking for help--he says he
doesn't
know where to turn and is also frustrated with it being just a
misdemeanor
if someone is caught. Can someone with more experience than me make
contact
with him--he seems to be at a loss, and rightly so.
Gene Andert -the gen web coordinator for Kosciusko County provided us with
this article. I have sent him an e-mail expressing gratitude
Larry Leahy
Muncie -Delaware County
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