What's happening
This bill redefines cemetery desecration crimes, creates a new first-degree offense for repeat violators, and increases penalties.
Why it matters
Makes all acts of cemetery desecration a felony. , removing the prior $250 property value threshold; even lower-value damages or thefts now trigger felony prosecution, signaling a tougher stance regardless of the amount of loss.
Targets repeat offenders with stricter penalties. by creating a new first-degree offense (class D felony) for those previously convicted of cemetery desecration within five years, aiming to deter serial acts and elevate consequences for recidivism.
Simplifies and clarifies the law. by repealing the old second-degree statute and redefining offenses, which could make prosecution more straightforward and close loopholes that allowed some offenders to escape felony charges.
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Increase Cemetery Desecration Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Toughen Cemetery Desecration Penalties
In Senate Committee · Codes · Sponsor Simcha Felder
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8727
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. EICHENSTEIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to cemetery desecration; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 145.23 of the penal law, as amended by chapter 353 of the laws of 2007, is amended to read as follows: § 145.23 Cemetery desecration in the [first] second degree.
A person is guilty of cemetery desecration in the [first] second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:
(a) damages any real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains [in an amount exceeding two hundred fifty dollars]; or
(b) with intent to steal personal property, he or she steals personal property[, the value of which exceeds two hundred fifty dollars,] which is located at a cemetery plot, grave, burial place or other place of interment of human remains and which property is owned by the person or organization which maintains or owns such place or the estate, next-ofkin or representatives of the deceased person interred there[; or
(c) commits the crime of cemetery desecration in the second degree as defined in section 145.22 of this article and has been previously convicted of the crime of cemetery desecration in the second degree within the preceding five years].
Cemetery desecration in the [first] second degree is a class E felony.
§ 2. The penal law is amended by adding a new section 145.24 to read as follows: § 145.24 Cemetery desecration in the first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02617-01-9
A. 8727 2
A person is guilty of cemetery desecration in the first degree when he or she commits the crime of cemetery desecration in the second degree as defined in section 145.23 of this article and has been previously convicted of the crime of cemetery desecration in the second degree or cemetery desecration in the first degree within the preceding five years.
Cemetery desecration in the first degree is a class D felony.
§ 3. Section 145.22 of the penal law is REPEALED.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.