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.
Impact
In addition to changing the classification of cemetery desecration, Bill S09618 introduces a new crime classification for cemetery desecration in the first degree, establishing it as a class D felony. This new classification would apply to repeat offenders guilty of cemetery desecration in the second degree within a specified timeframe. The intent of these changes is to act as a stronger deterrent against acts of desecration and enhance the legal consequences for offenders. By elevating these offenses to felonies, the bill has implications for sentencing and incarceration rates for such crimes.
Summary
Bill S09618, introduced in the New York Senate, proposes significant amendments to laws surrounding cemetery desecration. A key change is the removal of the monetary threshold of $250 for damages related to cemetery desecration in the second degree. This alteration effectively means any damage or theft in a cemetery could be categorized as a felony, regardless of its monetary value. With this change, the law aims to hold individuals accountable for any act of desecration, thereby reinforcing the sanctity of burial sites throughout the state.
Contention
While supporters of S09618 argue that the amendments are necessary to protect the dignity of burial sites and ensure justice for affected families, some critiques highlight concerns about the potential for overreach in punitive measures. Legal experts and advocates for penal reforms may view the bill as contributing to the growing trend of harsher penalties within the criminal justice system, which could disproportionately affect certain demographics. These critics worry that the classification changes may lead to more individuals facing felony charges for actions that might have previously received lesser penalties under the old provisions.
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.
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.
Establishes the crime of package theft in the fourth, third, second and first degrees; designates such crimes as a class A misdemeanor, class E felony, class D felony, and class B felony, respectively; provides instances that are not a defense to such crimes; provides for certain defenses to such crimes.