Ten Years for Breaking Into a Church: A Lawyer Explains Why Jamaica’s Law Guards Places of Worship More Closely

• Sacrilege is set out in Section 38 of Jamaica’s Larceny Act
• It covers breaking into or out of any place of divine worship after a felony
• The maximum sentence is 10 years, double that for simple larceny
• Cases must be tried in the High Court before a judge and jury

Stealing from a pastor’s car and stealing the same items from inside the church are not the same crime in Jamaica. Attorney Bert Samuels used his Jamaica Observer column in November 2020 to explain why the law treats places of worship as a special kind of property.

The offence is called sacrilege and sits in Section 38 of the Larceny Act. Samuels quoted it in full: “Every person who: (a) breaks and enters any place of divine worship and commits any felony therein; or (b) breaks out of any place of divine worship, having committed any felony therein, shall be guilty of felony called sacrilege, and on conviction thereof liable to imprisonment with hard labour for any term not exceeding 10 years.”

The law applies to churches, mosques and other places of worship, including pocomania yards, he explained. And the typical case is familiar to many congregations. “The classic example of the crime of sacrilege is entry into the space of worship and the theft of sound equipment used there,” Samuels wrote.

The penalty is double that for simple larceny, which carries a maximum of five years. Samuels illustrated the gap with the example of someone who takes the wine glasses and offering from the back seat of a pastor’s car, who faces half the maximum term they would face for taking the same items from inside the church. Because of its seriousness, he added, sacrilege is a committal matter that cannot be tried by a parish judge, but only in the High Court before a judge and jury.

For church trustees, the law is a reminder that a sanctuary’s contents are valuable and frequently targeted. Sound equipment, the item Samuels singles out, can take a small congregation years to raise money for and replace.

A strong law is only one layer of protection. Churches can reduce the risk and cost of break-ins with secure doors and windows, alarms and lighting, locked storage for equipment, an up-to-date inventory with serial numbers, and insurance that covers contents as well as the building. Diaspora members who donate equipment to home churches can help by funding security along with the gift.

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