New Law Stiffens Penalties for Defacing Graves, Monuments

Those who will now face stiffer penalties and be required to pay restitution for the cost of the damage under a new law approved by the General Assembly and signed by the governor.

The legislation, sponsored by Rep. Raymond E. Gallison Jr. and Sen. John J. Tassoni Jr., is meant to discourage vandalism and also to hold perpetrators responsible for the significant expenses involved in fixing the damage they cause.

“In addition to being dangerous and extremely disrespectful to those honored by gravestones and monuments as well as the public, vandalism to gravesites and public statues and monuments can be very, very expensive to fix. It absolutely should be the responsibility of whoever causes the problem to pay for its repair on top of fines and imprisonment. That sort of vandalism not by any means a minor, victimless crime and those who commit it must be held accountable,” said Representative Gallison (D-Dist. 69, Bristol, Portsmouth).

Said Senator Tassoni (D-Dist. 22, Smithfield, North Smithfield), “It sends entirely the wrong message if a person who causes tens of thousands of dollars of damage pays just a couple thousand in fines. Why should the cemetery or the family of the deceased – or the public, in the case of a public monument – get left to foot the bill for that person’s crime? It’s only fair that they should have to pay the cost of cleaning up the problem they caused. I hope that prospect gives any would-be vandal pause, because when they get caught they’re going to have a hefty bill to pay.”

In addition to requiring perpetrators of vandalism to make full restitution to whoever incurs the cost of restoring the damage – whether an individual or a business, organization or government entity – the legislation (2011-H 5065Aaa, 2011-S 0033 Aaa) also increases fines for vandalizing graves or monuments. In the case of cemeteries, the highest maximum fine will go from $3,000 to $5,000, and in the case of public monuments, the maximum fine will rise from $500 to $1,000. The new law maintains the limits on jail sentences, which is one to three years for desecration of a gravesite and up to one year for public monuments.

The bill was signed by Gov. Lincoln D. Chafee July 13 and took effect immediately.

In May, vandals committed an estimated $125,000 worth of damage to Newport’s historicIsland Cemetery, toppling and otherwise damaging about 238 gravestones. Three men have since been charged. (A large crew of local volunteers later turned out to fix the damage.) The sponsors of this new law say the crime serves as evidence for the necessity of instituting more serious penalties for cemetery vandalism, and that the public outrage over that vandalism was, in part, responsible for the success of this legislation.