Tennessee § 46-1-313 - Trespass on or injury to cemetery property — Interference with processions or religious exercises — Penalty.

§ 46-1-313. Trespass on or injury to cemetery property — Interference with processions or religious exercises — Penalty.

No person shall willfully destroy, deface, or injure any monument, tomb, gravestone, or other structure placed in the cemetery, or any roadway, walk, fence or enclosure in or around the cemetery, or injure any tree, plant or shrub, or hunt or shoot, play at any game or amusement, or loiter for lascivious or lewd purposes in the cemetery, or interfere, by words or actions, with any funeral procession or any religious exercises. A violation of this section is a Class E felony. Following conviction of a person for violating subsection (a), evidence of damages sustained as a result of the violation shall be presented to the jury, which shall ascertain the total amount of the damages. The court shall then render judgment in that amount against the offender in favor of the cemetery and/or the other aggrieved parties and shall order the offender to make full restitution for the damages. Execution of the judgment shall issue as in other civil cases. The order of restitution shall be in addition to other sanctions imposed pursuant to subdivision (b)(1). Acts 1875, ch. 142, § 9; Shan., § 2182; Code 1932, § 3920; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-118; Acts 1976, ch. 708, § 2; T.C.A., §§ 46-218, 46-2-118 ; Acts 1989, ch. 591, § 40; 1995, ch. 134, § 1; T.C.A. § 46-2-105 ; Acts 2006, ch. 1012, § 4. Compiler's Notes. Former § 46-2-105 was transferred to this section by Acts 2006, ch. 1012, § 4, effective January 1, 2007. Chapter 2, §§ 46-2-101 – 46-2-411 , is effective until January 1, 2007. See the parallel reference table at the beginning of this title regarding the reorganization of chapters 1-3 effective January 1, 2007. Cross-References. Disorderly conduct, § 39-17-305 . Penalty for Class E felony, § 40-35-111 . Vandalism, § 39-14-408 . Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Cemeteries, § 10.