BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 5, Title 11 of the Delaware Code by adding a new section, which shall read as follows:
“§813. Theft of Property From a Cemetery.
A person commits theft of property from a cemetery when, with the intent as prescribed in §841 of this Title, the person exercises control over flowers, burial mounds, mementos or any other property left by its owner in a cemetery for purposes of honoring the dead. Provided, however, that this section shall not be applicable to employees of a cemetery who remove property from a grave site pursuant to cemetery regulations. Whoever commits theft of property from a cemetery shall be guilty of a Class A misdemeanor.”
Approved July 13, 2011