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NEVADA STATUTES AND CODES

452.305 - Unlawful to damage or destroy property in cemetery or disturb contents of grave, tomb or crypt; penalty; restitution; civil liability.

452.305  Unlawful to damage or destroy property in cemetery or disturb contents of grave, tomb or crypt; penalty; restitution; civil liability.

      1.  A person who:

      (a) Willfully destroys, mutilates, defaces or injures any tomb, monument, gravestone, building or other structure placed in any cemetery;

      (b) Willfully destroys, mutilates, defaces or injures any fence, railing or other work for the protection or ornament of any cemetery or any tomb, monument, gravestone, or any structure, plat or lot within the cemetery;

      (c) Willfully destroys, cuts, breaks or injures any tree, shrub or plant within the limits of any cemetery; or

      (d) Willfully disturbs the contents of any grave, tomb or crypt in a cemetery,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, cemetery authority or board of county commissioners of the county in which the cemetery is located, as appropriate, including payment of any costs to reinter or redeposit the contents of any grave, tomb or crypt that were removed or disturbed by the person.

      2.  Any money paid for restitution pursuant to subsection 1 must be applied by the trustees, owner of the cemetery, cemetery authority or board of county commissioners of the county in which the cemetery is located, as appropriate, to repair or restore the property which was destroyed or injured and to conduct any reinterment or redeposit for which costs were ordered pursuant to subsection 1.

      3.  This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.

      (Added to NRS by 1991, 1316; A 2005, 500)

     

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