(a) Intentionally destroys, mutilates, defaces, injures or removes any:
(A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or
(B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;
(b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or
(c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.
(2) Abuse of a memorial to the dead is a Class A misdemeanor.
(3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:
(A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or
(B) The person violates subsection (1)(c) of this section.
(b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.
(4) This section does not apply to a person who is the burial right owner or that person’s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity and the person’s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.
(5) As used in this section, "historic cemetery" means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]
Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering
Section 166.023 - Disorderly conduct in the first degree.
Section 166.025 - Disorderly conduct in the second degree.
Section 166.070 - Aggravated harassment.
Section 166.075 - Abuse of venerated objects.
Section 166.076 - Abuse of a memorial to the dead.
Section 166.085 - Abuse of corpse in the second degree.
Section 166.087 - Abuse of corpse in the first degree.
Section 166.090 - Telephonic harassment.
Section 166.095 - Misconduct with emergency telephone calls.
Section 166.116 - Interfering with public transportation.
Section 166.155 - Bias crime in the second degree.
Section 166.165 - Bias crime in the first degree.
Section 166.167 - Community service as sentence for bias crime.
Section 166.170 - State preemption.
Section 166.171 - Authority of county to regulate discharge of firearms.
Section 166.172 - Authority of city to regulate discharge of firearms.
Section 166.175 - Authority of city to regulate purchase of used firearms.
Section 166.176 - Exception to preemption for certain county ordinances.
Section 166.210 - Definitions.
Section 166.220 - Unlawful use of weapon.
Section 166.240 - Carrying of concealed weapons.
Section 166.250 - Unlawful possession of firearms.
Section 166.255 - Possession of firearm or ammunition by certain persons prohibited.
Section 166.256 - Relinquishment of firearm upon person becoming subject to certain court orders.
Section 166.257 - Return of relinquished firearm.
Section 166.259 - Relinquishment of firearm upon conviction of certain offenses.
Section 166.260 - Persons not affected by ORS 166.250.
Section 166.263 - Authority of parole and probation officer to carry firearm.
Section 166.270 - Possession of weapons by certain felons.
Section 166.273 - Relief from firearm prohibitions related to mental health.
Section 166.274 - Relief from prohibition against possessing or receiving firearm; fees.
Section 166.279 - Forfeiture of deadly weapons.
Section 166.282 - Sale of weapons by political subdivision; disposition of proceeds.
Section 166.291 - Issuance of concealed handgun license; application; fees; liability.
Section 166.292 - Procedure for issuing; form of license; duration.
Section 166.293 - Denial or revocation of license; review.
Section 166.295 - Renewal of license.
Section 166.297 - Annual report regarding revocation of licenses.
Section 166.300 - Killing or injuring another with firearm as cause for loss of right to bear arms.
Section 166.320 - Setting springgun or setgun.
Section 166.350 - Unlawful possession of armor piercing ammunition.
Section 166.360 - Definitions for ORS 166.360 to 166.380.
Section 166.373 - Possession of weapon in court facility by peace officer or federal officer.
Section 166.377 - Possession of firearms in certain public buildings by concealed handgun licensees.
Section 166.382 - Possession of destructive device prohibited; exceptions.
Section 166.384 - Unlawful manufacture of destructive device.
Section 166.385 - Possession of hoax destructive device.
Section 166.392 - Definitions.
Section 166.395 - Securing firearms; penalties; civil liability.
Section 166.397 - Reporting loss or theft of firearm; penalties; civil liability.
Section 166.400 - Requirement that firearm be locked during transfer; penalties; civil liability.
Section 166.403 - Duty to supervise upon transfer of firearm to minor; civil liability.
Section 166.414 - Fees for conducting criminal history record checks.
Section 166.416 - Providing false information in connection with a transfer of a firearm.
Section 166.418 - Improperly transferring a firearm.
Section 166.421 - Stolen firearms; determination; telephone requests.
Section 166.422 - Enforcement of ORS 166.412.
Section 166.425 - Unlawfully purchasing a firearm.
Section 166.427 - Register of transfers of used firearms.
Section 166.432 - Definitions for ORS 166.412 and 166.433 to 166.441.
Section 166.433 - Findings regarding transfers of firearms.
Section 166.434 - Requirements for criminal background checks; fees.
Section 166.435 - Firearm transfers by unlicensed persons; requirements; exceptions; penalties.
Section 166.438 - Transfer of firearms at gun shows; penalties.
Section 166.441 - Form for transfer of firearm at gun show.
Section 166.445 - Short title.
Section 166.460 - Antique firearms excepted.
Section 166.470 - Limitations and conditions for sales of firearms.
Section 166.490 - Purchase of firearms in certain other states.
Section 166.525 - Definitions.
Section 166.527 - Petition for ex parte order; issuance and service of order; request for hearing.
Section 166.530 - Hearing on order; continuation or termination of order.
Section 166.533 - Hearing to terminate order.
Section 166.535 - Renewal of order.
Section 166.537 - Surrender of deadly weapons pursuant to order.
Section 166.540 - Return of surrendered deadly weapons.
Section 166.543 - Criminal penalties.
Section 166.635 - Discharging weapon or throwing objects at trains.
Section 166.638 - Discharging weapon across airport operational surfaces.
Section 166.641 - Definitions for ORS 166.641 to 166.643.
Section 166.642 - Felon in possession of body armor.
Section 166.643 - Unlawful possession of body armor.
Section 166.645 - Hunting in cemeteries prohibited.
Section 166.649 - Throwing an object off an overpass in the second degree.
Section 166.651 - Throwing an object off an overpass in the first degree.
Section 166.660 - Unlawful paramilitary activity.
Section 166.663 - Casting artificial light from vehicle while possessing certain weapons prohibited.
Section 166.715 - Definitions for ORS 166.715 to 166.735.
Section 166.720 - Racketeering activity unlawful; penalties.
Section 166.725 - Remedies for violation of ORS 166.720; time limitation.
Section 166.730 - Authority of investigative agency; compelling compliance with subpoena.