(a) Any person who unlawfully and intentionally disinters or displaces a dead human body, or any part of a dead human body, placed or deposited in any vault, mausoleum or any temporary or permanent burial place, removes personal effects of the decedent removes or damages caskets, surrounds, outer burial containers, or any other device used in making the original burial; transports unlawfully removed human remains from the cemetery; or knowingly receives unlawfully removed human remains from the cemetery is guilty of a felony, and, upon conviction thereof, shall be confined in a state correctional facility for a determinate sentence of not more than five years.
(b)(1) Any person who intentionally desecrates any tomb, plot, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post, or railing, or any enclosure for the protection of a cemetery or any property in a cemetery, graveyard, mausoleum or other designated human burial site is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $2,000, or confined in jail not more than one year, or both fined and confined.
(2) Any person who intentionally and without legal right destroys, cuts, breaks, removes, or injures any building, statuary, ornamentation, landscape contents, including a tree, shrub, flower, or plant, within the limits of a cemetery, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $2,000, or confined in jail not more than one year, or both fined and confined.
(3) For the purposes of this subsection, “desecrate” means destroying, cutting, mutilating, effacing, injuring, tearing down, removing, defacing, damaging or otherwise physically mistreating in a way that a reasonable person knows will outrage the sensibilities of persons likely to observe or discover his or her actions.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 8. Crimes Against Chastity, Morality and Decency
§61-8-2. Same -- Effect of Absence, Divorce or Void Marriage
§61-8-6. Detention of Person in Place of Prostitution; Penalty
§61-8-8. Receiving Support From Prostitution; Pimping; Penalty; Prostitute May Testify
§61-8-9a. Child Abuse; Education; Curriculum
§61-8-10. Administering Anesthetics to Female Save in Presence of Third Person; Penalty
§61-8-11. Breathing, Inhaling, or Drinking Certain Intoxicating Compounds; Penalty
§61-8-13. Incest; Limits on Interviews of Children Eleven Years Old or Less; Evidence
§61-8-15. Prohibition on Certain Demonstrations at Funerals
§61-8-16. Obscene, Anonymous, Harassing, Repeated and Threatening Telephone Calls; Penalty
§61-8-19. Cruelty to Animals; Penalties; Exclusions
§61-8-19a. Animal Fighting Ventures Prohibited
§61-8-19b. Attendance at Animal Fighting Ventures Prohibited; Penalty
§61-8-19c. Wagering at Animal Fighting Venture Prohibited; Penalty
§61-8-20. Keeping or Using Live Birds to Be Shot At; Penalty
§61-8-21. Search Warrants Relating to Cruelty to Animals
§61-8-22. Search Warrants Relating to Birds and Animals Kept for Fighting
§61-8-23. Search Without Warrant Where There Is an Exhibition of the Fighting of Birds or Animals
§61-8-25. Requiring Children to Beg, Sing or Play Musical Instruments in Streets; Penalty
§61-8-26. Permitting Children to Sing, Dance or Act in Dance House, etc.; Penalty
§61-8-27. Unlawful Admission of Children to Dance House, etc.; Penalty
§61-8-27a. Use of False Identification, etc., by Person Under Age; Penalty
§61-8-28. Criminal Invasion of Privacy; Penalties
§61-8-28a. Nonconsensual Disclosure of Private Intimate Images; Definitions; and Penalties
§61-8-29. Criminal Loitering by Persons on Supervised Release