# ORS § 166.076: 166.076 Abuse of a memorial to the dead > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.076 ## Section - **Citation:** ORS § 166.076 - **Heading:** 166.076 Abuse of a memorial to the dead - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 16 / Chapter 166 / Section 166.076 ## Text (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) Intentionally left blank —Ed. (a) Notwithstanding ORS 161.635 (Fines for misdemeanors) , 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 (Listing of historic cemeteries) . [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113] Note: 166.076 (Abuse of a memorial to the dead) 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. Source: Section 166.076 — Abuse of a memorial to the dead , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 166.005 166.005 Treason](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.005.md) - [ORS § 166.015 166.015 Riot](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.015.md) - [ORS § 166.023 166.023 Disorderly conduct in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.023.md) - [ORS § 166.025 166.025 Disorderly conduct in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.025.md) - [ORS § 166.065 166.065 Harassment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.065.md) - [ORS § 166.070 166.070 Aggravated harassment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.070.md) - [ORS § 166.075 166.075 Abuse of venerated objects](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.075.md) - [ORS § 166.076 166.076 Abuse of a memorial to the dead](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.076.md) - [ORS § 166.085 166.085 Abuse of corpse in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.085.md) - [ORS § 166.087 166.087 Abuse of corpse in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.087.md) - [ORS § 166.090 166.090 Telephonic harassment](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.090.md) - [ORS § 166.095 166.095 Misconduct with emergency telephone calls](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.095.md) - [ORS § 166.116 166.116 Interfering with public transportation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.116.md) - [ORS § 166.119 166.119 Interfering with a health care facility](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.119.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C166_S166.076. Check the current official text before relying on it. Not legal advice.