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 S04821 amends the New York Penal Law concerning cemetery desecration. It removes the previous threshold of $250 for damages or theft in the second degree of cemetery desecration, thereby making any act of damage or theft at a cemetery a class E felony, regardless of the value involved. Additionally, the bill introduces a new crime, cemetery desecration in the first degree, which is classified as a class D felony for individuals who have prior convictions of cemetery desecration within the last five years. This change aims to strengthen penalties for those who desecrate cemeteries and protect the sanctity of burial sites.
Impact
The bill significantly impacts the legal framework surrounding cemetery desecration in New York by broadening the scope of what constitutes a felony offense. By eliminating the monetary threshold for damages and theft, it ensures that any act of desecration is subject to felony charges. This change may lead to increased prosecutions and penalties for offenders, thereby enhancing protections for cemeteries and the deceased.
Sentiment
The general sentiment around Bill S04821 appears to be supportive, as it addresses concerns regarding the protection of cemeteries and the respect owed to the deceased. Discussions indicate a recognition of the need for stronger legal measures to deter cemetery desecration, although specific voting history and committee discussions are not available to provide further insights into dissenting opinions.
Contention
Notable points of contention may arise from the implications of classifying all acts of cemetery desecration as felonies, which some may argue could lead to overly harsh penalties for minor offenses. Additionally, there may be concerns regarding the enforcement of these laws and the potential for disproportionate impacts on certain communities. However, specific dissenting views were not documented in the available committee discussions or voting records.
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.
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.
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.
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.
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.
Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes.
Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes.