Removes the $250 amount of damage from cemetery desecration in the second degree; makes cemetery desecration in the second degree a class E felony to apply to any damage or theft regardless of value; adds crime of cemetery desecration in the first degree and makes such crime a class D felony.
S T A T E O F N E W Y O R K
________________________________________________________________________
169
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
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 ASSEM-
BLY, 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] THE
PERSON has such right, [he] THE PERSON:
(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] THE PERSON 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-of-kin 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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