LBD00991-05-9
A. 3550--A 2
1. damages property of another person in an amount exceeding one thou-
sand five hundred dollars[.]; OR
2. DAMAGES PROPERTY WHICH CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT,
A VESSEL, AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS
A REPRESENTATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN
CONNECTION WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE
CURTILAGE OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS
WORSHIP BY A RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS
CORPORATIONS LAW OR THE EDUCATION LAW, OR USED AS A MUSEUM WHOSE CENTRAL
PURPOSE IS RELIGIOUS IN NATURE.
Criminal mischief in the second degree is a class D felony.
§ 3. Section 145.22 of the penal law, as amended by chapter 353 of the
laws of 2007, is amended to read as follows:
§ 145.22 Cemetery desecration in the [second] THIRD degree.
A person is guilty of cemetery desecration in the [second] THIRD
degree when: (a) 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 damages any real or personal proper-
ty USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
grave, burial place, CRYPT, VAULT or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
MENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE; or
(b) with intent to steal personal property, he OR SHE steals personal
property which is located at a cemetery, MAUSOLEUM, COLUMBARIUM, LOT,
plot, grave, burial place, CRYPT, VAULT or other place of interment OR
TEMPORARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY
MONUMENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE, and which property is owned by the person or
organization which maintains or owns such place or the estate, next-of-
kin or representatives of the deceased person interred OR STORED there.
Cemetery desecration in the [second] THIRD degree is a class A misde-
meanor.
§ 4. 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 USED OR maintained as a
cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial place, CRYPT,
VAULT or other place of interment OR TEMPORARY STORAGE of human remains
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE, in an amount
exceeding two hundred fifty dollars; or
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(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, MAUSOLEUM, COLUMBARIUM, LOT, plot, grave, burial
place, CRYPT, VAULT or other place of interment OR TEMPORARY STORAGE of
human remains OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER
EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCI-
ATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE,
BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY
STORAGE, and which property is owned by the person or organization which
maintains or owns such place or the estate, next-of-kin or represen-
tatives of the deceased person interred there; or
(c) commits the crime of cemetery desecration in the [second] THIRD
degree as defined in section 145.22 of this article and has been previ-
ously convicted of the crime of cemetery desecration in the [second]
THIRD degree, CEMETERY DESECRATION IN THE SECOND DEGREE, AGGRAVATED
CEMETERY DESECRATION IN THE SECOND DEGREE OR AGGRAVATED CEMETERY DESE-
CRATION IN THE FIRST DEGREE within the preceding five years.
Cemetery desecration in the [first] SECOND degree is a class E felony.
§ 5. The penal law is amended by adding a new section 145.24 to read
as follows:
§ 145.24 CEMETERY DESECRATION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CEMETERY DESECRATION IN THE FIRST 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 USED OR MAINTAINED AS A
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF HUMAN REMAINS
OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE, MARKER, PLAQUE,
STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR OTHER EMBELLISHMENT THAT
IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE ASSOCIATED WITH, ANY SUCH
CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT,
VAULT, OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE, IN AN AMOUNT
EXCEEDING TWO THOUSAND DOLLARS; OR
(B) WITH INTENT TO STEAL PERSONAL PROPERTY, HE OR SHE STEALS PERSONAL
PROPERTY, THE VALUE OF WHICH EXCEEDS TWO THOUSAND DOLLARS, WHICH IS
LOCATED AT A CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT, GRAVE, BURIAL
PLACE, CRYPT, VAULT OR OTHER PLACE OF INTERMENT OR TEMPORARY STORAGE OF
HUMAN REMAINS OR CREMATED HUMAN REMAINS, OR ANY MONUMENT, HEADSTONE,
MARKER, MEMORIAL, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG HOLDER, OR
OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS OTHERWISE
ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM, LOT, PLOT,
GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTERMENT OR TEMPO-
RARY STORAGE, AND WHICH PROPERTY IS OWNED BY THE PERSON OR ORGANIZATION
WHICH MAINTAINS OR OWNS SUCH PLACE OR THE ESTATE, NEXT-OF-KIN OR REPRE-
SENTATIVES OF THE DECEASED PERSON INTERRED THERE; OR
(C) 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 THIRD DEGREE,
CEMETERY DESECRATION IN THE SECOND DEGREE, CEMETERY DESECRATION IN THE
FIRST DEGREE, AGGRAVATED CEMETERY DESECRATION IN THE SECOND DEGREE OR
AGGRAVATED CEMETERY DESECRATION IN THE FIRST DEGREE.
CEMETERY DESECRATION IN THE FIRST DEGREE IS A CLASS D FELONY.
§ 6. Section 60.29 of the penal law, as added by chapter 165 of the
laws of 1997, is amended to read as follows:
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§ 60.29 Authorized disposition; cemetery desecration.
When a person is convicted of an offense defined in section 145.22
[or], 145.23, OR 145.24 of this chapter or of an attempt to commit such
an offense, and the sentence imposed by the court for such conviction
includes a sentence of probation or conditional discharge, such sentence
shall, where appropriate, be in accordance with paragraph (h) of subdi-
vision two of section 65.10 of this [article] TITLE as such section
relates to cemetery crime.
§ 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
as amended by chapter 508 of the laws of 2001, is amended to read as
follows:
(h) Perform services for a public or not-for-profit corporation, asso-
ciation, institution, or agency, including but not limited to services
for the division of substance abuse services, services in an appropriate
community program for removal of graffiti from public or private proper-
ty, including any property damaged in the underlying offense, or
services for the maintenance and repair of real or personal property
USED OR maintained as a cemetery, MAUSOLEUM, COLUMBARIUM, LOT, plot,
grave, burial place, CRYPT, VAULT, or other place of interment OR TEMPO-
RARY STORAGE of human remains OR CREMATED HUMAN REMAINS, OR ANY MONU-
MENT, HEADSTONE, MARKER, PLAQUE, STATUE, VASE, URN, DECORATION, FLAG
HOLDER, OR OTHER EMBELLISHMENT THAT IS LOCATED ON OR ADJACENT TO, OR IS
OTHERWISE ASSOCIATED WITH, ANY SUCH CEMETERY, MAUSOLEUM, COLUMBARIUM,
LOT, PLOT, GRAVE, BURIAL PLACE, CRYPT, VAULT, OR OTHER PLACE OF INTER-
MENT OR TEMPORARY STORAGE. Provided, however, that the performance of
any such services shall not result in the displacement of employed work-
ers or in the impairment of existing contracts for services, nor shall
the performance of any such services be required or permitted in any
establishment involved in any labor strike or lockout. The court may
establish provisions for the early termination of a sentence of
probation or conditional discharge pursuant to the provisions of subdi-
vision three of section 410.90 of the criminal procedure law after such
services have been completed. Such sentence may only be imposed upon
conviction of a misdemeanor, violation, or class D or class E felony, or
a youthful offender finding replacing any such conviction, where the
defendant has consented to the amount and conditions of such service;
§ 8. Subdivision 9 of section 155.30 of the penal law, as amended by
chapter 479 of the laws of 2010, is amended to read as follows:
9. The property [consists of a scroll, religious vestment, a vessel,
an item comprising a display of religious symbols which forms a repre-
sentative expression of faith, or other miscellaneous item of property
which:
(a) has a value of at least one hundred dollars; and
(b) is kept for or used in connection with religious worship in],
REGARDLESS OF ITS NATURE OR VALUE, IS TAKEN FROM any building, structure
or upon the curtilage of such building or structure used as a place of
religious worship by a religious corporation, as incorporated under the
religious corporations law or the education law.
§ 9. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
§ 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she
steals property and:
1. when the value of the property exceeds three thousand dollars[,];
or
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2. the property is an automated teller machine or the contents of an
automated teller machine[.]; OR
3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORM A REPRESEN-
TATIVE EXPRESSION OF FAITH OR ANY OTHER ITEM KEPT OR USED IN CONNECTION
WITH RELIGIOUS WORSHIP IN ANY BUILDING, STRUCTURE OR UPON THE CURTILAGE
OF SUCH BUILDING OR STRUCTURE USED AS A PLACE OF RELIGIOUS WORSHIP BY A
RELIGIOUS CORPORATION, AS INCORPORATED UNDER THE RELIGIOUS CORPORATIONS
LAW OR THE EDUCATION LAW, OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS
RELIGIOUS IN NATURE.
Grand larceny in the third degree is a class D felony.
§ 10. Subdivision 2 of section 155.40 of the penal law, as amended by
chapter 515 of the laws of 1986, is amended and a new subdivision 3 is
added to read as follows:
2. The property, regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse his posi-
tion as a public servant by engaging in conduct within or related to his
official duties, or by failing or refusing to perform an official duty,
in such manner as to affect some person adversely[.]; OR
3. THE PROPERTY CONSISTS OF A SCROLL, A RELIGIOUS VESTMENT, A VESSEL,
AN ITEM COMPRISING A DISPLAY OF RELIGIOUS SYMBOLS WHICH FORMS A REPRE-
SENTATIVE EXPRESSION OF FAITH, OR OTHER ITEM OF PROPERTY WHICH:
(A) HAS A VALUE OF AT LEAST TWO HUNDRED FIFTY DOLLARS; AND
(B) IS KEPT FOR OR USED IN CONNECTION WITH RELIGIOUS WORSHIP IN ANY
BUILDING, STRUCTURE OR UPON THE CURTILAGE OF SUCH BUILDING OR STRUCTURE
USED AS A PLACE OF RELIGIOUS WORSHIP BY A RELIGIOUS CORPORATION, AS
INCORPORATED UNDER THE RELIGIOUS CORPORATIONS LAW OR THE EDUCATION LAW,
OR USED AS A MUSEUM WHOSE CENTRAL PURPOSE IS RELIGIOUS IN NATURE.
§ 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.