§ 15-20-603 — Vandalism - Penalties

(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly: (1) Break, carve, mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, or any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner; (2) Remove from the cave any material protected by this subchapter; (3) Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained; (4) Remove or deface any sign stating that the cave is posted or citing provisions of this subchapter; and (5) Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site which may be found in any cave. (b) (1) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section. (2) Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating to recreational use of private lands. (3) Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or obstructive material or to place shoring or anchorage where necessary for safe passage or to place small isolated marks where necessary to recover a location critical to a measurement or study. (c) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor.

Legislative History

Acts 1989, No. 523, § 3.