Lexington Herald Leader ~ 2/12/1988
FRANKFORT -- A bill that would make it a felony for artifact hunters to dig up graves was passed yesterday by the Kentucky Senate.
The measure was prompted by the alleged looting of an Indian burial ground in Union County
The vote was 34-0 on Senate Bill 178, which would split the crime of desecration of venerated objects -- now a Class A misdemeanor -- into first- and second-degree offenses.
Intentional excavation or disinterment of human remains "for the purpose of commercial sale or exploitation" would be a first-degree offense, punishable by one to five years in prison.
More common acts, such as vandalism of tombstones, would remain a misdemeanor as a second-degree offense, punishable by up to one year in jail.
One reason for making grave-robbing a felony is that offenders cannot be extradited for a misdemeanor, said the bill's sponsor, Democrat John Hall of Henderson.
Ten people, including four from Indiana and Illinois, were indicted in connection with the alleged desecration of a 40-acre Indian burial site in Union County. About 450 holes and the remains of more than 1,000 bodies were discovered at the site in December.
Hall said there were "bones scattered all over the 40-acre burial site." Indians from across the nation plan a mass reburial around Memorial Day.
The measure was prompted by the alleged looting of an Indian burial ground in Union County
The vote was 34-0 on Senate Bill 178, which would split the crime of desecration of venerated objects -- now a Class A misdemeanor -- into first- and second-degree offenses.
Intentional excavation or disinterment of human remains "for the purpose of commercial sale or exploitation" would be a first-degree offense, punishable by one to five years in prison.
More common acts, such as vandalism of tombstones, would remain a misdemeanor as a second-degree offense, punishable by up to one year in jail.
One reason for making grave-robbing a felony is that offenders cannot be extradited for a misdemeanor, said the bill's sponsor, Democrat John Hall of Henderson.
Ten people, including four from Indiana and Illinois, were indicted in connection with the alleged desecration of a 40-acre Indian burial site in Union County. About 450 holes and the remains of more than 1,000 bodies were discovered at the site in December.
Hall said there were "bones scattered all over the 40-acre burial site." Indians from across the nation plan a mass reburial around Memorial Day.
