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  • PART IV CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES
  • TITLE I CRIMES AND PUNISHMENTS
  • CHAPTER 272 CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER
  • Section 73 Tombs, graves, memorials, trees, plants; injuring, removing

[ Text of section effective until February 21, 2016. For text effective February 21, 2016, see below.]

  Section 73. Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran's grave marker or metal plaque, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars.

Chapter 272: Section 73. Tombs, graves, memorials, trees, plants; injuring, removing

[ Text of section as amended by 2015, 130 and 2015, 131 effective February 21, 2016. For text effective until February 21, 2016, see above.]

  Section 73. Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, American flag, veteran's grave marker, metal plaque, veteran's commemorative flag holder, commemorative flag holder representing service in a police or fire department, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars. In addition, the court shall order any person convicted of an offense pursuant to this section to pay restitution to the owner of the property that was damaged, destroyed, mutilated, defaced, injured or removed.