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.
Summary
Bill A00169 amends the New York Penal Law regarding cemetery desecration. It removes the previous threshold of $250 for damage or theft to classify an act as cemetery desecration in the second degree, thereby making it a class E felony regardless of the value of the damage or theft. Additionally, the bill introduces a new classification for cemetery desecration in the first degree, which applies to individuals who have previously been convicted of cemetery desecration in the second degree or first degree within the last five years, categorizing it as a class D felony.
Impact
The bill significantly alters the legal framework surrounding cemetery desecration in New York by eliminating the monetary threshold for damage or theft, which broadens the scope of actions that can be prosecuted under this law. This change is expected to enhance the protection of cemetery properties and human remains by allowing for stricter penalties for offenders. The introduction of a first-degree felony for repeat offenders aims to deter individuals from committing such acts, thereby reinforcing the sanctity of burial sites.
Sentiment
The general sentiment surrounding Bill A00169 appears to be supportive, as it addresses concerns about the protection of cemeteries and the respect for the deceased. Discussions indicate a recognition of the need for stronger penalties to deter desecration, although no significant opposition has been recorded in the voting history or committee discussions.
Contention
One notable point of contention may arise from the removal of the $250 damage threshold, as some may argue that it could lead to overcriminalization or unintended consequences for minor infractions. However, this concern has not been prominently voiced in available discussions or transcripts, indicating a general consensus on the need for stronger protections for cemeteries.
Same As
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.
Same As
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.