1. No person may intentionally or knowingly destroy, mutilate, deface, injure or remove any tomb, monument, gravestone, marker or other structure placed or designed as a memorial for the dead, or any portion or fragment of any such memorial, or any fence, railing, curb or other enclosure for the burial of the dead.
2. Subsection 1 does not apply to any person:
A. Who performs an act as authorized under Title 13, section 1371; or [PL 1987, c. 326, §2 (NEW).]
B. Who meets the requirements governing eminent domain as established by state or federal law. [PL 1987, c. 326, §2 (NEW).]
3. Any person who violates subsection 1 commits a Class D crime.