10.1-1004 - Vandalism; penalties.

§ 10.1-1004. Vandalism; penalties.

A. It shall be unlawful for any person, without express, prior, writtenpermission of the owner, to:

1. Break, break off, crack, carve upon, write, burn, or otherwise mark upon,remove, or in any manner destroy, disturb, deface, mar, or harm the surfacesof any cave or any natural material which may be found therein, whetherattached or broken, including speleothems, speleogens, and sedimentarydeposits. The provisions of this section shall not prohibit minimaldisturbance for scientific exploration.

2. Break, force, tamper with, or otherwise disturb a lock, gate, door, orother obstruction designed to control or prevent access to any cave, eventhough entrance thereto may not be gained.

3. Remove, deface, or tamper with a sign stating that a cave is posted orciting provisions of this chapter.

4. Excavate, remove, destroy, injure, deface, or in any manner disturb anyburial grounds, historic or prehistoric resources, archaeological orpaleontological site or any part thereof, including relics, inscriptions,saltpeter workings, fossils, bones, remains of historical human activity, orany other such features which may be found in any cave, except those cavesowned by the Commonwealth or designated as Commonwealth archaeological sitesor zones, and which are subject to the provisions of the Virginia AntiquitiesAct (§ 10.1-2300 et seq.).

B. Entering or remaining in a cave which has not been posted by the ownershall not by itself constitute a violation of this section.

C. Any violation of this section shall be punished as a Class 1 misdemeanor.

D. The provisions of this section shall not apply to an owner of a cave onhis own property.

(1979, c. 252, § 10-150.13; 1982, c. 81; 1988, c. 891.)