CHAPTER 125

FORMERLY

SENATE BILL NO. 86

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFTS FROM CEMETERIES.

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