Removes the $250 amount of damage from cemetery desecration in the first degree; makes cemetery desecration in the first degree a Class E felony to apply to any damage or theft regardless of value.
STATE OF NEW YORK
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473
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. NOZZOLIO -- 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 in
the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 145.23 of the penal law, as amended by chapter 353
2 of the laws of 2007, is amended to read as follows:
3 § 145.23 Cemetery desecration in the first degree.
4 A person is guilty of cemetery desecration in the first degree when
5 with intent to damage property of another person, and having no right to
6 do so nor any reasonable ground to believe that he or she has such
7 right, he or she:
8 (a) damages any real or personal property maintained as a cemetery
9 plot, grave, burial place or other place of interment of human remains
10 [in an amount exceeding two hundred fifty dollars]; or
11 (b) with intent to steal personal property, he or she steals personal
12 property[, the value of which exceeds two hundred fifty dollars,] which
13 is located at a cemetery plot, grave, burial place or other place of
14 interment of human remains and which property is owned by the person or
15 organization which maintains or owns such place or the estate, next-of-
16 kin or representatives of the deceased person interred there; or
17 (c) commits the crime of cemetery desecration in the second degree as
18 defined in section 145.22 of this article and has been previously
19 convicted of the crime of cemetery desecration in the second degree
20 within the preceding five years.
21 Cemetery desecration in the first degree is a class E felony.
22 § 2. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00335-01-1
