A person commits defacing or damaging petroglyphs, pictographs, caves or caverns if such person knowingly, without the prior written permission of the owner:
1. Breaks, breaks off, cracks, carves upon, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms petroglyphs, pictographs or any natural material found in any cave or cavern; or
2. Kills, harms or disturbs plant or animal life found in any cave or cavern, except for safety reasons; or
3. Disturbs or alters the natural condition of such petroglyph, pictograph, cave or cavern or takes into a cave or cavern any aerosol or other type of container containing paints, dyes or other coloring agents; or
4. Breaks, forces, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern whether or not entrance is gained.
As used in this section, "natural material" means stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions or other similar crystalline mineral formations found in any cave or cavern.
Defacing or damaging petroglyphs, pictographs, caves or caverns is a class 2 misdemeanor.
(A Class 2 Misdemeanor has a fine of up to $ 750.00.)
A person who knowingly excavates in violation of section 41-841, subsection A without obtaining a permit as required under section 41-842 is guilty of a class 5 felony. A second or subsequent violation under this subsection is a class 3 felony.
A person who knowingly collects any archaeological specimen in violation of section 41-841, subsection B, is guilty of a class 1 misdemeanor.