1. (a) This section does not apply to the following:

   1. (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. (2) A person who acts in a proper and acceptable manner as authorized by IC 23-14 .

2. (b) A person who recklessly, knowingly, or intentionally:

   1. (1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3 ), or a facility used for memorializing the dead;
   2. (2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or

   3. (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 Level 6 felony if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).

As added by P.L.100-1999, SEC.3. Amended by P.L.177-2001, SEC.4; P.L.158-2013, SEC.454; P.L.252-2017, SEC.13.