(1) anyone who:

(a) intentionally destroys, mutilates, defaces, injures or removes any:

(A) tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead OR

(B) fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in (A)

(b) intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in (a) OR

(c) buys, sells or transports any object listed in (a) that was stolen from a historic cemetery knowing that the object is stolen

(4) this statute doesn't apply to a person who is the burial right owner or their representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of their legal capacity & their actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead