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Oregon Revised Statutes

Or. Rev. Stat. § 166.076 (2026)

Abuse of a memorial to the dead

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      166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

      (a) Intentionally destroys, mutilates, defaces, injures or removes any:

      (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

      (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

      (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

      (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

      (2) Abuse of a memorial to the dead is a Class A misdemeanor.

      (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

      (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

      (B) The person violates subsection (1)(c) of this section.

      (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

      (4) This section does not apply to a person who is the burial right owner or that person’s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity and the person’s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

      (5) As used in this section, “historic cemetery” means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]

 

      Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 3 cases, 2010–2011 · leading case: State v. Sauceda, 239 P.3d 996 (Or. Ct. App. 2010).
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State v. Sauceda, 239 P.3d 996 (Or. Ct. App. 2010). “In that case, the defendant entered a guilty plea to three counts of abuse of a memorial, ORS 166.076, and, on appeal, challenged the trial court’s failure to merge the three convictions *361 into one.”
State v. Bowers, 227 P.3d 822 (Or. Ct. App. 2010). “Defendant, who pleaded guilty to three counts of abuse of a memorial, ORS 166.076, argues on appeal that the trial court erred in refusing to merge the three convictions.”
Marolla v. Dep't of Pub. Saf. Standards & Training, 263 P.3d 1034 (Or. Ct. App. 2011). “162(4) (outlining the factors that the State Fish and Wildlife Commission “shall consider” before setting the number of elk and deer to be taken in a hunting season); ORS 166.076(3)(b) (providing that a court “shall consider” ordering restitution when a defendant is guilty of…”
Or. Rev. Stat. § 166.076(3)(b): 1 case
Marolla v. Dep't of Pub. Saf. Standards & Training, 263 P.3d 1034 (Or. Ct. App. 2011). “162(4) (outlining the factors that the State Fish and Wildlife Commission “shall consider” before setting the number of elk and deer to be taken in a hunting season); ORS 166.076(3)(b) (providing that a court “shall consider” ordering restitution when a defendant is guilty of…”
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