Read the full stored bill text
hb879_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 879
2025-2026
Representative Glassburn
Cosponsors: Representatives Brennan,
Upchurch
To
amend section 2909.05 of the Revised Code
to
prohibit the unlawful removal of any item or adornment from any tomb,
monument, gravestone, or other similar structure that is used as a
memorial for the dead.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 2909.05 of the Revised Code be amended to read as follows:
Sec.
2909.05.
(A)
No person shall knowingly cause serious physical harm to an occupied
structure or any of its contents.
(B)(1)
No person shall knowingly cause physical harm to property that is
owned or possessed by another, when either of the following applies:
(a)
The property is used by its owner or possessor in the owner's or
possessor's profession, business, trade, or occupation, and the value
of the property or the amount of physical harm involved is one
thousand dollars or more;
(b)
Regardless of the value of the property or the amount of damage done,
the property or its equivalent is necessary in order for its owner or
possessor to engage in the owner's or possessor's profession,
business, trade, or occupation.
(2)
No person shall knowingly cause serious physical harm to property
that is owned, leased, or controlled by a governmental entity. A
governmental entity includes, but is not limited to, the state or a
political subdivision of the state, a school district, the board of
trustees of a public library or public university, or any other body
corporate and politic responsible for governmental activities only in
geographical areas smaller than that of the state.
(C)
(C)(1)
No person, without privilege to do so, shall knowingly cause serious
physical harm to any tomb, monument, gravestone, or other similar
structure that is used as a memorial for the dead; to any fence,
railing, curb, or other property that is used to protect, enclose, or
ornament any cemetery; or to a cemetery.
(2)
No person, without privilege to do so, shall purposely remove any
item or adornment from any tomb, monument, gravestone, or other
similar structure that is used as a memorial for the dead. Any item
or adornment left at or placed on or by any tomb, monument,
gravestone, or other similar structure that is used as a memorial for
the dead shall not be considered abandoned property.
(D)
No person, without privilege to do so, shall knowingly cause physical
harm to a place of burial by breaking and entering into a tomb,
crypt, casket, or other structure that is used as a memorial for the
dead or as an enclosure for the dead.
(E)
Whoever violates this section is guilty of vandalism. Except as
otherwise provided in this division, vandalism 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 2929.11 to 2929.18 of the Revised
Code. If the value of the property or the amount of physical harm
involved is seven thousand five hundred dollars or more but less than
one hundred fifty thousand dollars, vandalism is a felony of the
fourth degree. If the value of the property or the amount of physical
harm involved is one hundred fifty thousand dollars or more,
vandalism is a felony of the third degree.
(F)
For purposes of this section:
(1)
"Cemetery" means any place of burial and includes burial
sites that contain American Indian burial objects placed with or
containing American Indian human remains.
(2)
"Serious physical harm" means physical harm to property
that results in loss to the value of the property of one thousand
dollars or more.
Section
2.
That
existing section 2909.05 of the Revised Code is hereby repealed.