HB 879

As Introduced
136th General Assembly
   Regular Session  H. B. No. 879
       2025-2026
  Representative Glassburn
  Cosponsors: Representatives Brennan, Upchurch
  To amend section 2909.05 of the Revised Code to  1
  prohibit the unlawful removal of any item or  2
  adornment from any tomb, monument, gravestone,  3
  or other similar structure that is used as a  4
  memorial for the dead.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 2909.05 of the Revised Code be  6
amended to read as follows:  7
     Sec. 2909.05. (A) No person shall knowingly cause serious  8
physical harm to an occupied structure or any of its contents.  9
     (B)(1) No person shall knowingly cause physical harm to  10
property that is owned or possessed by another, when either of  11
the following applies:  12
     (a) The property is used by its owner or possessor in the  13
owner's or possessor's profession, business, trade, or  14
occupation, and the value of the property or the amount of  15
physical harm involved is one thousand dollars or more;  16
     (b) Regardless of the value of the property or the amount  17
of damage done, the property or its equivalent is necessary in  18
order for its owner or possessor to engage in the owner's or  19
H. B. No. 879  Page 2
As Introduced
possessor's profession, business, trade, or occupation.  20
       (2) No person shall knowingly cause serious physical harm  21
to property that is owned, leased, or controlled by a  22
governmental entity. A governmental entity includes, but is not  23
limited to, the state or a political subdivision of the state, a  24
school district, the board of trustees of a public library or  25
public university, or any other body corporate and politic  26
responsible for governmental activities only in geographical  27
areas smaller than that of the state.  28
       (C)(C)(1) No person, without privilege to do so, shall  29
knowingly cause serious physical harm to any tomb, monument,  30
gravestone, or other similar structure that is used as a  31
memorial for the dead; to any fence, railing, curb, or other  32
property that is used to protect, enclose, or ornament any  33
cemetery; or to a cemetery.  34
       (2) No person, without privilege to do so, shall purposely  35
remove any item or adornment from any tomb, monument,  36
gravestone, or other similar structure that is used as a  37
memorial for the dead. Any item or adornment left at or placed  38
on or by any tomb, monument, gravestone, or other similar  39
structure that is used as a memorial for the dead shall not be  40
considered abandoned property.  41
       (D) No person, without privilege to do so, shall knowingly  42
cause physical harm to a place of burial by breaking and  43
entering into a tomb, crypt, casket, or other structure that is  44
used as a memorial for the dead or as an enclosure for the dead.  45
       (E) Whoever violates this section is guilty of vandalism.  46
Except as otherwise provided in this division, vandalism is a  47
felony of the fifth degree that is punishable by a fine of up to  48
H. B. No. 879  Page 3
As Introduced
two thousand five hundred dollars in addition to the penalties  49
specified for a felony of the fifth degree in sections 2929.11  50
to 2929.18 of the Revised Code. If the value of the property or  51
the amount of physical harm involved is seven thousand five  52
hundred dollars or more but less than one hundred fifty thousand  53
dollars, vandalism is a felony of the fourth degree. If the  54
value of the property or the amount of physical harm involved is  55
one hundred fifty thousand dollars or more, vandalism is a  56
felony of the third degree.  57
       (F) For purposes of this section:  58
       (1) "Cemetery" means any place of burial and includes  59
burial sites that contain American Indian burial objects placed  60
with or containing American Indian human remains.  61
       (2) "Serious physical harm" means physical harm to  62
property that results in loss to the value of the property of  63
one thousand dollars or more.  64
       Section 2. That existing section 2909.05 of the Revised  65
Code is hereby repealed.  66