Sec. 2.1. (a) This section does not apply to the following: (1) A person who acts in a proper and acceptable manner as authorized by IC 14-21 other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24 . (2) A person who acts in a proper and acceptable manner as authorized by IC 23-14 . (b) A person who recklessly, knowingly, or intentionally: (1) damages a cemetery, a burial ground (as defined in IC 14-21-1-3 ), or a facility used for memorializing the dead; (2) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or (3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure; commits cemetery mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).
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