166.076 Abuse
of a memorial to the dead.
(1) A person commits the crime of abuse of a
memorial to the dead if the person
intentionally:
(a) 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; or
(b) Destroys,
mutilates, removes, cuts, breaks or injures any
tree, shrub or plant within any structure listed
in paragraph (a) of this subsection.
(2) Abuse of a
memorial to the dead is a Class A misdemeanor.
(3) 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. [1995 c.261 §1; 1999 c.731 §12]
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.
166.085 Abuse
of corpse in the second degree.
(1) A person commits the crime of abuse of
corpse in the second degree if, except as
otherwise authorized by law, the person
intentionally:
(a) Abuses a
corpse; or
(b) Disinters,
removes or carries away a corpse.
(2) Abuse of
corpse in the second degree is a Class C felony.
(3) As used in
this section and ORS 166.087, "abuse of
corpse" includes treatment of a corpse by
any person in a manner not recognized by
generally accepted standards of the community or
treatment by a professional person in a manner
not generally accepted as suitable practice by
other members of the profession, as may be
defined by rules applicable to the profession.
[1971 c.743 §225; 1985 c.207 §2; 1993 c.294 §1]
166.087 Abuse
of corpse in the first degree.
(1) A person commits the crime of abuse of
corpse in the first degree if the person:
(a) Engages in
sexual activity with a corpse or involving a
corpse; or
(b) Dismembers,
mutilates, cuts or strikes a corpse.
(2) Abuse of
corpse in the first degree is a Class B felony.
[1993 c.294 §2]
Note:
166.087 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.
