What's happening
This bill revises cemetery desecration offenses, creating a new first degree felony for repeat offenders and adjusting penalties.
Why it matters
Creates a harsher penalty for repeat offenders. Individuals who commit cemetery desecration twice within five years now face a new, more serious "first degree" charge—classified as a class D felony, which carries stiffer penalties than the previous version.
Lowers the threshold for prosecution. The bill removes the requirement that the damage or stolen property exceeds $250 to qualify as a felony, allowing for prosecution of smaller-scale desecration incidents as felonies.
Eliminates redundancy and clarifies the law. By repealing the original "second degree" offense and explicitly defining first and second degree crimes, the law becomes clearer and more direct in its application and enforcement.
Signals increased societal concern for cemetery desecration. The legislation’s tougher penalties and expanded scope indicate a legislative priority on protecting burial sites and respecting the dignity of the deceased, potentially deterring such acts and reassuring affected communities.
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Headline styles
Toughen Cemetery Desecration Penalties
Plain English, a few words. Used as the page title.
Sponsors
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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.
Increase Cemetery Desecration Penalties
In Assembly Committee · Codes · Sponsor Simcha Eichenstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
345
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed 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
S. 345 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to cemetery desecration; and to repeal certain provisions of such law relating ther- eto
Purpose
This bill would reclassify the crime of cemetery desecration in the first degree as cemetery desecration in the second degree, and estab- lishes the new crime of cemetery desecration in the first degree, so as to include all property, regardless of value, under the crime of ceme- tery desecration.
Summary of provisions
Section one of this bill would amend section 145.23 of the Penal Law to reclassify the crime of cemetery desecration in the first degree as cemetery desecration in the second degree, and would further amend such crime to include all property, regardless of value, located at a ceme- tery plot, grave, burial place or other place of interment of human remains in the crime of cemetery desecration.
Section two of this bill would further add a new section 145.24 to the penal law, to establish the new crime of cemetery desecration in the first degree, when a person previously has been convicted of the crime of cemetery desecration in the second degree within the last five years, once again is commits the crime of cemetery desecration in the second degree.
Cemetery desecration in the second degree would be a class E Felony, and cemetery desecration in the first degree would be a class D felony.
Justification
Cemetery desecration is a continuing problem in New York State and recently has resulted in the theft of numerous veterans markers.
New reports have also cited many incidents across the state of religious cemeteries also being victims of hate crimes where such symbols as swastikas have been made to deface and defile cemetery buildings and grave markers.
Cemeteries should be protected as places of memorial and remembrance, free from attack and defilement.
New York State Law must therefore adequately address all cemetery dese- cration, regardless of the value of theft or damage to the cemetery or gravesite, so as to appropriately and effectively deal with this extremely disrespectful and disgraceful problem.
Legislative history
2017/2018: S.1109 - Passed Senate both years 2015/2016: S.3806 - Passed Senate both years
Fiscal implications
None noted
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.