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
The person violates subsection (1)(c) of this section.
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.
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.
As used in this section, “historic cemetery” means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries). [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]Note: 166.076 (Abuse of a memorial to the dead) 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.