Huerfano County, Colorado Colorado Law Concerning Cemeteries

Contributed by Karen Mitchell.
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COLORADO REVISED STATUTES
18-9-113
(1) (a) A person commits a class 3 misdemeanor if he knowingly desecrates any public monument or structure or desecrates in an public place any other object of veneration by the public.
(b) Except as otherwise provided in section 24-80-1305, C.R.S., with respect to the distribution of an unmarked human burial, a person commits a class 1 misdemeanor if he knowingly desecrates any place of worship or burial of human remains.
(c) The court shall order that any person convicted pursuant to this section make restitution to cover the costs of repairing any damages to any monument, headstone, memorial marker, structure, or place which are the result of such person's conduct. Such restitution shall be paid to any person or entity which repairs such damage.
(2) The term "desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover his action or its results.

24-80-1305
Violation and Penalty.
(1) Any person who knowingly disturbs an unmarked human burial in violation of this part13 commits a class 1 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.
(2) Any person who has knowledge that an unmarked human burial is being unlawfully disturbed and fails to notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located commits a class 2 misdemeanor and shall be punished as provided in section 18-1-106, C.R.S.

18-1-106
Class 1 misdemeanor penalty - Minimum Sentence: Six months imprisonment, or $500 fine, or both. Maximum sentence: 18 months imprisonment, $5000 fine or both.

Class 2 misdemeanor penalty - Minimum sentence: 3 months imprisonment or $250 fine or both. Maximum sentence: 12 months imprisonment or $1000 fine or both.

Class 3 misdemeanor penalty - Minimum sentence: $50 fine. Maximum sentence - 6 months imprisonment or $750 fine, or both.

(2) The defendant may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided.


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