(a) A person shall not steal, or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, an ornament, token, flag holder, or emblem used to decorate, mark, or distinguish the grave or tomb of a deceased person.

(b) A person shall not buy, sell, or barter, or cause to be bought, sold, or bartered, an ornament, token, flag holder, or emblem that has been used to decorate, mark, or distinguish the grave or tomb of a deceased person. In a prosecution under this subsection, it shall be an affirmative defense, to be proven by a preponderance of the evidence, that the person did not gain possession of the ornament, token, flag holder, or emblem by unlawful means.

(c) A person shall not steal or cause to be stolen, or intentionally and without lawful authority remove, break down, injure, or destroy, or cause to be removed, broken down, injured, or destroyed, flowers, trees, or any other plant matter used to decorate, mark, or distinguish any cemetery property, including the grave or tomb of a deceased person. (Amended 1989, No. 142 (Adj. Sess.), § 4; 2001, No. 99 (Adj. Sess.), § 1, eff. May 8, 2002.)