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(d) The court may rescind an order for sus-
pension or invalidation under subsection (c) and
allow the person to receive a license or permit
before the period of suspension or invalidation
ends if the court determines that the person has
removed or painted over the graffiti or has made
other suitable restitution.
35-43-1-2.1. Cemetery mischief.
(a) This section does not apply to the follow-
ing:
(1) A person who acts in a proper and
acceptable manner as authorized by IC
14-21 other than a person who disturbs
the earth for an agricultural purpose under
the exemption to IC 14-21 that is provided
in IC 14-21-1-24.
(2) A person who acts in a proper and
acceptable manner as authorized by IC
23-14.
(b) A person who recklessly, knowingly, or
intentionally:
(1) damages a cemetery, a burial ground
(as defined in IC 14-21-1-3), or a facility
used for memorializing the dead;
(2) damages the grounds owned or rented
by a cemetery or facility used for memo-
rializing the dead; or
(3) disturbs, defaces, or damages a ceme-
tery monument, grave marker, grave arti-
fact, grave ornamentation, or cemetery
enclosure;
commits cemetery mischief, a Class A misde-
meanor. However, the offense is a Level 6 felony
if the pecuniary loss is at least two thousand five
hundred dollars ($2,500).
35-43-1-2.3. Railroad mischief.
A person who, without the consent of the
owner of the property, recklessly, knowingly, or
intentionally damages or defaces:
(1) a locomotive, a railroad car, a train, or
equipment of a railroad company being
operated on railroad right-of-way;
(2) a part of any railroad signal system,
train control system, centralized dispatch-
ing system, or highway railroad grade
crossing warning signal on a railroad right-
of-way owned, leased, or operated by a
railroad company; or
(3) any rail, switch, roadbed, viaduct,
bridge, trestle, culvert, or embankment on
a right-of-way owned, leased, or operated
by a railroad company;
commits railroad mischief, a Level 6 felony.
However, the offense is a Level 5 felony if the
offense results in serious bodily injury to another
person and a Level 2 felony if the offense results
in the death of another person.
35-43-1-3. Cave mischief.
(a) As used in this section:
“Cave” means any naturally occurring sub-
terranean cavity, including a cavern, pit, pothole,
sinkhole, well, grotto, and tunnel whether or not
it has a natural entrance.
“Owner” means the person who holds title to
or is in possession of the land on or under which
a cave is located, or his lessee, or agent.
“Scientific purposes” means exploration and
research conducted by persons affiliated with rec-
ognized scientific organizations with the intent to
advance knowledge and with the intent to publish
the results of said exploration or research in an
appropriate medium.
(b) A person who knowingly and without the
express consent of the cave owner:
(1) Disfigures, destroys, or removes an
stalagmite, stalactite, or other naturally
occurring mineral deposit or formation,
or archeological or paleontological arti-
fact in a cave, for other than scientific pur-
poses;
(2) Breaks any lock, gate, fence, or other
structure designed to control or prevent
access to a cave;
(3) Deposits trash, rubbish, chemicals, or
other litter in a cave; or
(4) Destroys, injures, removes, or harasses
any cave-dwelling animal for other than
scientific purposes;
commits a Class A misdemeanor.
35-43-1-5. Tampering with a water supply.
(a) A person who, with the intent to cause
serious bodily injury, tampers with a:
(1) water supply;
(2) water treatment plant (as defined in
IC 13-11-2-264); or
(3) water distribution system (as defined in
