(1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any historic grave shall be guilty of a class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human remains under the supervision of the *office of archaeology and historic preservation. Expenses to reinter such human remains are to be provided by the *office of archaeology and historic preservation to the extent that funds for this purpose are appropriated by the legislature.

     (2) This section does not apply to actions taken in the performance of official law enforcement duties.

     (3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.

[1999 c 67 § 1; 1989 c 44 § 5. Formerly RCW 68.05.420.]

NOTES:

     *Reviser's note: Powers, duties, and functions of the office of archaeology and historic preservation were transferred to the department of archaeology and historic preservation pursuant to 2005 c 333 § 12.

     Intent -- 1989 c 44: See RCW 27.44.030.

     Captions not law -- Liberal construction -- 1989 c 44: See RCW 27.44.900 and 27.44.901.