1. It is unlawful for a person to:

(a) Remove willfully any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, without written authorization from a member of the immediate family or a lineal descendent of the deceased, the owner of the cemetery or cemetery authority, the board of county commissioners of the county where the cemetery is located or a court order;

(b) Possess any tomb, monument, gravestone, fencing, building or other structure removed from a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery; or

(c) Sell, offer or attempt to sell or otherwise transfer or dispose of any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery.

2. A person who violates any provision of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, the cemetery authority or the board of county commissioners of the county in which the cemetery is located, as appropriate.

3. A person who is paid money for restitution pursuant to subsection 2 shall use the money to repair or restore the property that was removed from the cemetery.

4. This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.

5. The provisions of this section do not apply to a person acting in the course of a medical or archeological study or criminal investigation or in carrying out the professional mortuary duties of the person.

(Added to NRS by 2005, 499)