Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship

Summary of provisions

Section 1: Adds a new Penal Law section 145.05(3) that relates to criminal mischief in the 3rd Degree. This provision makes it the crime of criminal mischief in the 3rd degree if anyone damages any property, regardless of its nature or value, in any building, structure, or upon the curtilage of such building that is used as a place of religious worship. This type of criminal mischief is a class E felony. Under current law, the property must have a value exceeding $250 or a similar crime had been committed previously by the same person.

Section 2: Amends Penal. Law section 145.10 that relates to criminal mischief in the 2nd Degree. This provision makes it a crime of criminal mischief in the 2nd Degree if any damage occurs specifically to a scroll, religious vestment, vessel, an item comprising of a display or a religious symbol, or any other item kept or used in connection with religious worship in any building, structure, or upon the cuitiage of such building that is used as a place of worship, regardless of the value of such property. Under current law, such property must have a value of $1,500 or more to be convicted of this crime. While under this bill, any specifically articulated religious items damaged would trigger this crime. This type of crime is a class D Felony.

Section 3: Amends Penal Law section 145.22 to redesignate the crime of cemetery desecration in the second degree to become cemetery desecration in the third degree. In addition, it makes this statute more specific as to the kinds of property that is included within the purview of this statute. Cemetery desecration in the third degree is a class A misdemeanor.

Section 4: Amends Penal Law section 145.23 to redesignate the crime of cemetery desecration in the first degree to become cemetery desecration in the second degree.In addition, it makes this statute more specific as to the kinds of property that is included within the purview of this statute. under current law and this bill, this provision relates to damaged or stolen property within a cemetery that is valued at above $250. Cemetery desecration in the second degree is a E Felony.

Section 5: Adds a new Penal Law section 145.24 entitled Cemetery desecration in the first degree. Under this new crime, cemetery property or property located within a cemetery valued at more than $2,000 that is damaged or stolen by a perpetrator will be punishable as a class D Felony.

Section 6: Amends Penal Law section 60.29 to include conforming changes that make reference to the new crime categories created under this bill

Section 7: Amends Penal Law section 65.10 to allow a court to impose on those who violate Penal Law Article 145 a community service requirement to be served at a desecrated cemetery to help compensate for their property losses as a condition for probation or conditional release.

Section 8: Amends Penal Law section 155.30(9)that relates to grand larceny in the fourth degree. Violation of this section of the Penal Law is a class E Felony. Under current law, this section is violated if specific religious property such as a scroll, religious vestment, vessel or other item is stolen and such item has a value of $100 or more and it is used in connection with religious worship. Under the Provisions of this bill, any property taken from structure or building used for religious worship, regardless of the property's value or what the property is, is considered to be a violation of Penal Law section 155.30.

Section 9: Amends Penal Law section 155.35 that relates to grand larceny in the 3rd Degree. Under this bill, certain specified religious property such as a scroll, religious vestment, vessel or other religious items that is stolen from a house of worship, regardless of its value, shall be a class D felony. Currently, under this section of law, the property must have a value in excess of $3,000.

Section 10: Amends Penal Law section 155.40(2) that relates to grand larceny in the 2nd degree. This provision heightens the penalty for the theft of specific religious items in a house of worship such as a scroll, vestment, vessel and other items that represent a religious faith and such items have a value of $250.00 and such items are used in connection with religious worship in any house of worship. Violation of this crime is a class C felony. Under current law, the value of such Property must be more than $50,000 or such property was obtained my means such as extortion.

Section 11: Effective Date.

Justification

It is important for us, as a society, to impose the appropriate criminal sanctions for those persons who: a) willfully enter into a house of worship to either destroy any property in such building or structure that serves as a house of worship or, b)to desecrate a cemetery by either destroying property located within such cemetery or stealing property for the perpetrator's own profit. Further, for those that enter into a house of worship or a cemetery to steal any

items, especially religious items, the criminal penalties for such acts need to be enhanced.

Many religious congregations wish to keep their houses of worship open to the public for at least part of the week and for general convenience so that members of their community or the public at large may enter into a house of worship to reflect or to pray. With all of our busy schedules, it is important that such houses of worship can remain open at convenient times during the week so that we may all have the ability to enter into such houses to reflect and to pray.

Recently, there has been a series of violations of houses of worship in the Bronx and the theft of sacred religious property and other types of damage to such houses of God. It is important for us, as a society, to protect religious houses so that they may remain open for all of us to use. Further, such places must be protected from acts of violence, or the destruction of their property, especially sacred religious property. Much of this property has not only religious significance, which merits its enhanced protection, but historical and cultural significance. Further, much of these religious items are irreplaceable. These religious places of worship must be protected for the benefit of our communities and so that they may be used by future generations.

This bill also enhances the penalties for those who damage cemetery property, steal such property for the perpetrator's own profit, or have been convicted of repeated property crime offenses against cemeteries. With the increasing value of scrap metals such as brass, copper, bronze and iron, there has been an increasing number thefts of valuable metals from such cemeteries. Items such as plaques, vases, flag holders, badges, shields and other metal items within a cemetery have been subject to a heightened number of thefts in recent years.

Under current law, the monetary threshold for the crimes of cemetery desecration are relatively low since the general public views theft or damage of property within such burial places as a more serious event. However, for those who steal or illegally remove valuable metals and other property from such cemeteries for profit, the penalty is the same whether $250 of property has been stolen or $100,000 worth of such memorials, metals, and other property. This bill heightens the criminal sanctions for those who are entering into cemeteries to steal valuable metals and other items for profit.

Legislative history

2014 - S. 2368, Passed Senate Similar to S. 6338 of 2012, Passed Senate

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date upon which it shall have become law.