§ 73B — Sale of or attempt to sell stolen commemorative grave marker; receipt, retention or disposal of stolen commemorative grave marker

Massachusetts § 73B

• Jurisdiction: Massachusetts
• Part IV: CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
• Title I: CRIMES AND PUNISHMENTS
• Ch. 272: CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER

Text

Section 73B. (a) For purposes of this section, "commemorative grave marker'' shall mean a grave marker, headstone, monument, structure, medallion or other object designed to commemorate the grave of a veteran, police officer or firefighter.(b) Whoever sells or attempts to sell a commemorative grave marker that has been stolen and the person knows or should know the commemorative grave marker to be stolen, shall be punished by a fine of not more than $5,000 for a first offense and for a second or subsequent offense by imprisonment in a state prison for not more than 5 years or by imprisonment in a jail or house of correction for not more than 21/2 years and by a fine of not more than $5,000.[ Subsection (c) effective until August 8, 2024. For text effective August 8, 2024, see below.](c) Whoever receives, retains or disposes of a commemorative grave marker that the person knows or should know to be stolen, shall be punished by a fine of not more than $5,000; provided, however, that no such penalty shall be imposed upon: (i) a person who receives or retains the commemorative grave marker with the intent to return it to a cemetery, a member of law enforcement, a member of a fire department, a member of the department of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town; or (ii) a person who in fact disposes of the commemorative grave marker by returning it to a cemetery, a member of law enforcement, a member of a fire department, a member of the department of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town.[ Subsection (c) as amended by 2024, 178, Sec. 50 effective August 8, 2024. For text effective until August 8, 2024, see above.](c) Whoever receives, retains or disposes of a commemorative grave marker that the person knows or should know to be stolen, shall be punished by a fine of not more than $5,000; provided, however, that no such penalty shall be imposed upon: (i) a person who receives or retains the commemorative grave marker with the intent to return it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town; or (ii) a person who in fact disposes of the commemorative grave marker by returning it to a cemetery, a member of law enforcement, a member of a fire department, a member of the executive office of veterans' services, a non-profit veterans' services group or a veterans' agent of a city or town.