New York 2025-2026 Regular Session

New York Assembly Bill A03073

Introduced
1/23/25  
Refer
1/23/25  

Caption

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

Summary

This bill expands New York’s criminal law protections for places of religious worship and cemeteries. It adds or broadens offenses for criminal mischief and larceny when the property damaged or stolen is located in, on, or around a house of worship or a religious museum, and it creates a new first-degree cemetery desecration offense while renumbering the existing cemetery desecration offenses. The bill also updates related sentencing provisions so that courts may impose community service tied to cemetery maintenance and repair when probation or conditional discharge is ordered. For religious property offenses, the bill lowers the threshold for enhanced treatment by making certain acts punishable regardless of the value of the property involved, including damage to or theft of specified religious items such as scrolls, vestments, vessels, and religious symbols. It also adds a new larceny category for theft of religious worship items and expands grand larceny provisions to cover those items at lower dollar thresholds than general larceny offenses. For cemetery crimes, the bill broadens the definition of protected locations and items, including mausoleums, columbariums, burial places, monuments, and associated decorations, and increases penalties by creating a new first-degree offense for higher-value damage or theft and repeat conduct.

Impact

The bill would amend multiple sections of the Penal Law, primarily sections governing criminal mischief, grand larceny, and cemetery desecration, to create more specific and more severe offenses for conduct targeting religious institutions and burial sites. It would also revise sentencing authority under section 60.29 and probation/conditional discharge conditions under section 65.10 to expressly include service related to cemetery upkeep and repair. The practical effect is to increase prosecutorial options and potential felony exposure for vandalism, theft, and desecration involving houses of worship, religious museums, cemeteries, mausoleums, columbariums, and related memorial property.

Sentiment

The bill’s stated purpose and structure suggest strong support for protecting religious communities and burial sites from vandalism and theft, with an emphasis on deterrence and symbolic recognition of the seriousness of these offenses. The available context shows no recorded committee debate or votes, so there is no documented opposition or amendment discussion in the provided materials. Overall, the measure appears framed as a public-safety and anti-hate-crime style enhancement, likely to be viewed favorably by supporters of stronger protections for faith-based and cemetery property.

Contention

The main policy issue is the expansion of enhanced criminal penalties to a broader set of religious and cemetery-related property offenses, including lowering or eliminating value thresholds for some conduct. Supporters are likely to emphasize the need for stronger deterrence and respect for religious and burial sites, while potential critics could question whether the bill creates overlapping offenses, increases penalties too broadly, or duplicates existing vandalism and larceny laws. Another possible point of contention is the expanded sentencing service provisions for cemetery-related offenses, though the bill limits such service to appropriate cases and preserves labor protections.

Companion Bills

NY S09583

Same As Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

Previously Filed As

NY S09583

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

NY A01215

Enhances criminal penalties for criminal mischief and larceny offenses committed at a place of religious worship and for cemetery desecration.

NY S07640

Provides penalties for arson and enhancing penalties for criminal mischief against motor vehicle dealerships and motor vehicle manufacturing facilities.

NY SB1390

Relating to enhancing the criminal penalties for burglary of a place of worship.

NY SB1026

Increasing criminal penalties and fines for disturbing religious worship

NY A1098

Establishes offense of criminal mischief committed on historical sites.

NY AB2664

Places of religious worship: unlawful activities.

NY S10359

Prohibits people from engaging in protests outside a place of religious worship; establishes that protests must be a minimum of twenty-five feet away from a place of religious worship.

NY A09227

Relates to the definition of "reproductive health services" for purposes of the offense of criminal interference with health care services or religious worship in the second degree; defines "legally protected health activity"; increases the penalties for the criminal interference with health care services or religious worship in the first and second degrees, and for aggravated interference with health care services in the second degree.

NY S08713

Relates to the definition of "reproductive health services" for purposes of the offense of criminal interference with health care services or religious worship in the second degree; defines "legally protected health activity"; increases the penalties for the criminal interference with health care services or religious worship in the first and second degrees, and for aggravated interference with health care services in the second degree.

Similar Bills

CA SB777

Abandoned cemeteries: report.

WA HB1065

Concerning family burial grounds.

WV SB257

Providing protection for property owner when someone visiting private cemetery causes damage to property

WA HB2239

Providing Washingtonians and their loved ones with location choices for interment of remains.

TX HB2723

Relating to the requirement that a person submit an application for an exemption from ad valorem taxation for certain property used for human burial.

MI SB0157

Cemeteries and funerals: other; pet cemetery regulation act; create. Creates new act.

TX SB586

Relating to establishing the Historic Texas Cemeteries Designation Program; authorizing a fee.

TX SB1920

Relating to the requirement that a person submit an application for an exemption from ad valorem taxation for certain property used for human burial.