NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3073
SPONSOR: Rozic (MS) TITLE OF BILL:
An act to amend the penal law, in relation to criminal mischief and
larceny offenses committed at a place of religious worship and to ceme-
tery desecration
PURPOSE:
The purpose of this bill is two-fold. First, to enhance the criminal
penalties for damaging property in any house of worship or religious
museum and to heighten the criminal penalties for stealing or damaging
religious objects from within a house of worship or its curtilage.
Second, to add a heightened criminal penalty for desecrating a cemetery
with the intent to steal property within such cemetery or incur damage
of property that is valued over $2,000.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new Penal Law section 145.05(3) that relates to crim-
inal mischief in the 3rd Degree. This provision makes it the crime of
criminal mischief in the 3rd degree if anyone damages any property,
regardless of its nature or value, in any building, structure, or upon
the curtilage of such building that is used as a place of religious
worship or a religious museum. This type of criminal mischief is a class
E felony. Under current law, the property must have a value exceeding
$250 or a similar crime had been committed previously by the same
person.
Section two amends Penal Law section 145.10 that relates to criminal
mischief in the 2nd Degree. This provision makes it a crime of criminal
mischief in the 2nd Degree if any damage occurs specifically to a
scroll, religious vestment, vessel, an item comprising of a display or a
religious symbol, or any other item kept or used in connection with
religious worship in any building, structure, or upon the curtilage of
such building that is used as a place of worship, regardless of the
value of such property. Under current law, such property must have a
value of $1,500 or more to be convicted of this crime. While under this
bill, any specifically articulated religious items damaged would trigger
this crime. This type of crime is a class D Felony.
Section three amends Penal Law section 145.22 to redesignate the crime
of cemetery desecration in the second degree to become cemetery dese-
cration in the third degree. In addition, it makes this statute more
specific as to the kinds of property that is included within the purview
of this statute. Cemetery desecration in the third degree is a class A
misdemeanor.
Section four amends. Penal Law section 145.23 to redesignate the crime
of cemetery desecration in the first degree to become cemetery dese-
cration in the second degree. In addition, it makes this statute more
specific as to the kinds of property that is included within the purview
of this Statute under current law and this bill, this provision relates
to damaged or stolen property within a cemetery that is valued at above
$250. Cemetery desecration in the second degree is a class E Felony.
Section five adds a new Penal Law section 145.24 entitled Cemetery dese-
cration in the first degree. Under this new crime, cemetery property or
property located within a cemetery valued at more than $2,000 that is
damaged or stolen by a perpetrator will be punishable as a class D Felo-
ny.
Section six amends Penal Law section 60.29 to include conforming changes
that make reference to the new crime categories created under this bill,
Section seven amends Penal Law section 65.10 to allow a court to impose
on those who violate Penal Law Article 145 a community service require-
ment to be served at a desecrated cemetery to help compensate for their
property losses as a condition for probation or conditional release.
Section eight amends Penal Law section 155.30(9) that relates to grand
larceny in the fourth degree. Violation of this section of the Penal Law
is a class .E Felony. Under current law, this section is violated if
specific religious property such as a scroll, religious vestment, vessel
or other item is stolen and such item has a value of $100 or more and it
is used in connection with religious worship. Under the Provisions of
this bill, any property taken from structure or building used for reli-
gious worship, regardless of the property's value or what the property
is, is considered to be a violation of Penal Law section 155.30.
Section nine amends Penal Law section 155.35 that relates to grand
larceny in the 3rd Degree. Under this bill, certain specified religious
property such as a scroll, religious vestment, vessel or• other reli-
gious items that is stolen from a house of worship, regardless of its
value, shall be a class D felony. Currently, under this section of law,
the property must have a value in excess of $3,000.
Section ten amends Penal Law section 155.40(2) that relates to grand
larceny in the 2nd degree. This provision heightens the penalty for the
theft of specific religious items in a house of worship such as a
scroll, vestment, vessel and other items that represent a religious
faith and such items have a value of $250.00 and such items are used in
connection with religious worship in any house of worship. Violation of
this crime is a class C felony. Under current law, the value of such
Property must be more than $50,000 or such property was obtained by
means such as extortion,
Section eleven sets forth the effective date.
JUSTIFICATION:
It is important for us, as a society, to impose the appropriate criminal
sanctions for those persons who: a) willfully enter into a house of
worship to either destroy any property in such building or structure
that serves as a house of worship or, b) to desecrate a cemetery by
either destroying property located within such cemetery or stealing
property for the perpetrator's own profit. Further, for those that enter
into a house of worship or a cemetery to steal any items, especially
religious items, the criminal penalties for such acts need to be
enhanced.
Many religious congregations wish to keep their houses of worship open
to the public for at least part of the week and for general convenience
so that members of their community or the public at large may enter into
a house of worship to reflect or to pray. With all of our busy sched-
ules, it is important that such houses of worship can remain open at
convenient times during the week so that we may all have the ability to
enter into such houses to reflect and to pray.
Recently, there has been a series of violations of houses of worship in
the Bronx and the theft of sacred religious property and other types of
damage to such houses of God. It is important for us, as a society, to
protect religious houses so that they may remain open for all of us to
use. Further, such places must be protected from acts of violence, or
the destruction of their property, especially sacred religious property.
Much of this property has not only religious significance, which merits
its enhanced protection, but historical and cultural significance.
Further, much of these religious items are irreplaceable. These reli-
gious places of worship must be protected for the benefit of our commu-
nities and so that they may be used by future generations.
This bill also enhances the penalties for those who damage cemetery
property, steal such property for the perpetrator's own profit, or have
been convicted of repeated property crime offenses against cemeteries.
With the increasing value of scrap metals such as brass, copper, bronze
and iron, there has been an increasing number of thefts of valuable
metals from such cemeteries. Items such as plaques, vases, flag holders,
badges, shields and other metal items within a cemetery have been
subject to a heightened number of thefts in recent years.
Under current law, the monetary threshold for the crimes of cemetery
desecration are relatively low since the general public views theft or
damage of property within such burial places as a more serious event.
However, for those who steal or illegally remove valuable metals and
other property from such cemeteries for profit, the penalty is the same
whether $250 of property has been stolen or $100,000 worth of such memo-
rials, metals, and other property. This bill heightens the criminal
sanctions for those who are entering into cemeteries to steal valuable
metals and other items for profit.
PRIOR LEGISLATIVE HISTORY:
2024: A1215 (Rozic) - Codes
2023: A1215 (Rozic) - Codes
2022: A701 (Rozic) - Codes
2021:A701 (Rozic) - Codes
2020: A03550 (Rozic) - Codes
2019: A03550 (Rozic) - Codes
2018: A01344 (Rozic) - Codes
2017: A01344 (Rozic) - Codes
2016: A10388 (Rozic) - Codes
2015: A06074 (Kaminsky) - Codes
2014: A03514A (Rozic) - Codes
2013: A03514A (Rozic) - Codes
2012: A09288 (Lancman) - Codes
2013: A03514A (Rozic) - Codes
2014: A03514A (Rozic) - Codes
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
3073
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. ROZIC, VANEL, HYNDMAN, COOK, GLICK, DINOWITZ,
COLTON, LAVINE, R. CARROLL, EICHENSTEIN, SEAWRIGHT, WILLIAMS, FALL,
CRUZ, SAYEGH, JACOBSON, STIRPE, MILLER, REYES, DiPIETRO, GIGLIO, MORI-
NELLO, SMULLEN, DeSTEFANO -- Multi-Sponsored by -- M. of A. SIMON --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal mischief and
larceny offenses committed at a place of religious worship and to
cemetery desecration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 145.05 of the penal law, as
2 amended by chapter 276 of the laws of 2003, is amended and a new subdi-
3 vision 3 is added to read as follows:
4 2. damages property of another person in an amount exceeding two
5 hundred fifty dollars[.]; or
6 3. damages property which, regardless of its nature or value, is in
7 any building, structure or upon the curtilage of such building or struc-
8 ture used as a place of religious worship by a religious corporation, as
9 incorporated under the religious corporations law or the education law,
10 or used as a museum whose central purpose is religious in nature.
11 § 2. Section 145.10 of the penal law, as amended by chapter 961 of the
12 laws of 1971, is amended to read as follows:
13 § 145.10 Criminal mischief in the second degree.
14 A person is guilty of criminal mischief in the second degree when with
15 intent to damage property of another person, and having no right to do
16 so nor any reasonable ground to believe that [he] such person has such
17 right, [he] such person:
18 1. damages property of another person in an amount exceeding one thou-
19 sand five hundred dollars[.]; or
20 2. damages property which consists of a scroll, a religious vestment,
21 a vessel, an item comprising a display of religious symbols which forms
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06195-01-5
A. 3073 2
1 a representative expression of faith or any other item kept or used in
2 connection with religious worship in any building, structure or upon the
3 curtilage of such building or structure used as a place of religious
4 worship by a religious corporation, as incorporated under the religious
5 corporations law or the education law, or used as a museum whose central
6 purpose is religious in nature.
7 Criminal mischief in the second degree is a class D felony.
8 § 3. Section 145.22 of the penal law, as amended by chapter 353 of the
9 laws of 2007, is amended to read as follows:
10 § 145.22 Cemetery desecration in the [second] third degree.
11 A person is guilty of cemetery desecration in the [second] third
12 degree when: (a) with intent to damage property of another person[,]
13 and having no right to do so nor any reasonable ground to believe that
14 [he] such person has such right, [he] such person damages any real or
15 personal property used or maintained as a cemetery, mausoleum, columbar-
16 ium, lot, plot, grave, burial place, crypt, vault or other place of
17 interment or temporary storage of human remains or cremated human
18 remains, or any monument, headstone, marker, plaque, statue, vase, urn,
19 decoration, flag holder, or other embellishment that is located on or
20 adjacent to, or is otherwise associated with, any such cemetery, mauso-
21 leum, columbarium, lot, plot, grave, burial place, crypt, vault, or
22 other place of interment or temporary storage; or
23 (b) with intent to steal personal property, [he] such person steals
24 personal property which is located at a cemetery, mausoleum, columbari-
25 um, lot, plot, grave, burial place, crypt, vault or other place of
26 interment or temporary storage of human remains or cremated human
27 remains, or any monument, headstone, marker, plaque, statue, vase, urn,
28 decoration, flag holder, or other embellishment that is located on or
29 adjacent to, or is otherwise associated with, any such cemetery, mauso-
30 leum, columbarium, lot, plot, grave, burial place, crypt, vault, or
31 other place of interment or temporary storage, and which property is
32 owned by the person or organization which maintains or owns such place
33 or the estate, next-of-kin or representatives of the deceased person
34 interred or stored there.
35 Cemetery desecration in the [second] third degree is a class A misde-
36 meanor.
37 § 4. Section 145.23 of the penal law, as amended by chapter 353 of the
38 laws of 2007, is amended to read as follows:
39 § 145.23 Cemetery desecration in the [first] second degree.
40 A person is guilty of cemetery desecration in the [first] second
41 degree when, with intent to damage property of another person[,] and
42 having no right to do so nor any reasonable ground to believe that [he]
43 such person has such right, [he] such person:
44 (a) damages any real or personal property used or maintained as a
45 cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
46 vault or other place of interment or temporary storage of human remains
47 or cremated human remains, or any monument, headstone, marker, plaque,
48 statue, vase, urn, decoration, flag holder, or other embellishment that
49 is located on or adjacent to, or is otherwise associated with, any such
50 cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
51 vault, or other place of interment or temporary storage, in an amount
52 exceeding two hundred fifty dollars; or
53 (b) with intent to steal personal property, [he] such person steals
54 personal property, the value of which exceeds two hundred fifty dollars,
55 which is located at a cemetery, mausoleum, columbarium, lot, plot,
56 grave, burial place, crypt, vault or other place of interment or tempo-
A. 3073 3
1 rary storage of human remains or cremated human remains, or any monu-
2 ment, headstone, marker, plaque, statue, vase, urn, decoration, flag
3 holder, or other embellishment that is located on or adjacent to, or is
4 otherwise associated with, any such cemetery, mausoleum, columbarium,
5 lot, plot, grave, burial place, crypt, vault, or other place of inter-
6 ment or temporary storage, and which property is owned by the person or
7 organization which maintains or owns such place or the estate, next-of-
8 kin or representatives of the deceased person interred there; or
9 (c) commits the crime of cemetery desecration in the [second] third
10 degree as defined in section 145.22 of this article and has been previ-
11 ously convicted of the crime of cemetery desecration in the [second]
12 third degree, cemetery desecration in the second degree, aggravated
13 cemetery desecration in the second degree or aggravated cemetery dese-
14 cration in the first degree within the preceding five years.
15 Cemetery desecration in the [first] second degree is a class E felony.
16 § 5. The penal law is amended by adding a new section 145.24 to read
17 as follows:
18 § 145.24 Cemetery desecration in the first degree.
19 A person is guilty of cemetery desecration in the first degree when,
20 with intent to damage property of another person and having no right to
21 do so nor any reasonable ground to believe that such person has such
22 right, such person:
23 (a) damages any real or personal property used or maintained as a
24 cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
25 vault or other place of interment or temporary storage of human remains
26 or cremated human remains, or any monument, headstone, marker, plaque,
27 statue, vase, urn, decoration, flag holder, or other embellishment that
28 is located on or adjacent to, or is otherwise associated with, any such
29 cemetery, mausoleum, columbarium, lot, plot, grave, burial place, crypt,
30 vault, or other place of interment or temporary storage, in an amount
31 exceeding two thousand dollars; or
32 (b) with intent to steal personal property, such person steals
33 personal property, the value of which exceeds two thousand dollars,
34 which is located at a cemetery, mausoleum, columbarium, lot, plot,
35 grave, burial place, crypt, vault or other place of interment or tempo-
36 rary storage of human remains or cremated human remains, or any monu-
37 ment, headstone, marker, memorial, plaque, statue, vase, urn, deco-
38 ration, flag holder, or other embellishment that is located on or
39 adjacent to, or is otherwise associated with, any such cemetery, mauso-
40 leum, columbarium, lot, plot, grave, burial place, crypt, vault, or
41 other place of interment or temporary storage, and which property is
42 owned by the person or organization which maintains or owns such place
43 or the estate, next-of-kin or representatives of the deceased person
44 interred there; or
45 (c) commits the crime of cemetery desecration in the second degree as
46 defined in section 145.23 of this article and has been previously
47 convicted of the crime of cemetery desecration in the third degree,
48 cemetery desecration in the second degree, cemetery desecration in the
49 first degree, aggravated cemetery desecration in the second degree or
50 aggravated cemetery desecration in the first degree.
51 Cemetery desecration in the first degree is a class D felony.
52 § 6. Section 60.29 of the penal law, as added by chapter 165 of the
53 laws of 1997, is amended to read as follows:
54 § 60.29 Authorized disposition; cemetery desecration.
55 When a person is convicted of an offense defined in section 145.22
56 [or], 145.23, or 145.24 of this chapter or of an attempt to commit such
A. 3073 4
1 an offense, and the sentence imposed by the court for such conviction
2 includes a sentence of probation or conditional discharge, such sentence
3 shall, where appropriate, be in accordance with paragraph (h) of subdi-
4 vision two of section 65.10 of this [article] title as such section
5 relates to cemetery crime.
6 § 7. Paragraph (h) of subdivision 2 of section 65.10 of the penal law,
7 as amended by chapter 508 of the laws of 2001, is amended to read as
8 follows:
9 (h) Perform services for a public or not-for-profit corporation, asso-
10 ciation, institution, or agency, including but not limited to services
11 for the division of substance abuse services, services in an appropriate
12 community program for removal of graffiti from public or private proper-
13 ty, including any property damaged in the underlying offense, or
14 services for the maintenance and repair of real or personal property
15 used or maintained as a cemetery, mausoleum, columbarium, lot, plot,
16 grave, burial place, crypt, vault, or other place of interment or tempo-
17 rary storage of human remains or cremated human remains, or any monu-
18 ment, headstone, marker, plaque, statue, vase, urn, decoration, flag
19 holder, or other embellishment that is located on or adjacent to, or is
20 otherwise associated with, any such cemetery, mausoleum, columbarium,
21 lot, plot, grave, burial place, crypt, vault, or other place of inter-
22 ment or temporary storage. Provided, however, that the performance of
23 any such services shall not result in the displacement of employed work-
24 ers or in the impairment of existing contracts for services, nor shall
25 the performance of any such services be required or permitted in any
26 establishment involved in any labor strike or lockout. The court may
27 establish provisions for the early termination of a sentence of
28 probation or conditional discharge pursuant to the provisions of subdi-
29 vision three of section 410.90 of the criminal procedure law after such
30 services have been completed. Such sentence may only be imposed upon
31 conviction of a misdemeanor, violation, or class D or class E felony, or
32 a youthful offender finding replacing any such conviction, where the
33 defendant has consented to the amount and conditions of such service;
34 § 8. Subdivision 9 of section 155.30 of the penal law, as amended by
35 section 1 of part FF of chapter 55 of the laws of 2024, is amended to
36 read as follows:
37 9. The property [consists of a scroll, religious vestment, a vessel,
38 an item comprising a display of religious symbols which forms a repre-
39 sentative expression of faith, or other miscellaneous item of property
40 which:
41 (a) has a value of at least one hundred dollars; and
42 (b) is kept for or used in connection with religious worship in],
43 regardless of its nature or value, is taken from any building, structure
44 or upon the curtilage of such building or structure used as a place of
45 religious worship by a religious corporation, as incorporated under the
46 religious corporations law or the education law; or
47 § 9. Section 155.35 of the penal law, as amended by section 5 of part
48 O of chapter 55 of the laws of 2024, subdivision 2 as separately amended
49 and subdivision 3 as added by section 2 of part FF of chapter 55 of the
50 laws of 2024, is amended to read as follows:
51 § 155.35 Grand larceny in the third degree.
52 A person is guilty of grand larceny in the third degree when such
53 person steals property and:
54 1. when the value of the property exceeds three thousand dollars, or
55 2. the property is an automated teller machine or the contents of an
56 automated teller machine, or
A. 3073 5
1 3. the property consists of retail goods or merchandise stolen pursu-
2 ant to a common scheme or plan or a single, ongoing intent to deprive
3 another or others of the property or to appropriate the property to the
4 actor or another person and the value of the property exceeds three
5 thousand dollars, which value may be determined by the aggregate value
6 of all such property regardless of whether the goods or merchandise were
7 stolen from the same owner. Nothing in this subdivision shall be read to
8 limit the ability to aggregate the value of any property or the ability
9 to charge the larceny of retail goods or merchandise under another
10 applicable provision of law[.], or
11 [3.] 4. when such person commits deed theft of one commercial real
12 property, regardless of the value[.], or
13 5. the property consists of a scroll, a religious vestment, a vessel,
14 an item comprising a display of religious symbols which form a represen-
15 tative expression of faith or any other item kept or used in connection
16 with religious worship in any building, structure or upon the curtilage
17 of such building or structure used as a place of religious worship by a
18 religious corporation, as incorporated under the religious corporations
19 law or the education law, or used as a museum whose central purpose is
20 religious in nature.
21 Grand larceny in the third degree is a class D felony.
22 § 10. Subdivisions 3 of section 155.40 of the penal law, as added by
23 section 3 of part FF of chapter 55 and section 6 of part O of chapter 56
24 of the laws of 2024, are amended and a new subdivision 5 is added to
25 read as follows:
26 3. The property consists of retail goods or merchandise stolen pursu-
27 ant to a common scheme or plan or a single, ongoing intent to deprive
28 another or others of the property or to appropriate the property to the
29 actor or another person and the value of the property exceeds fifty
30 thousand dollars, which value may be determined by the aggregate value
31 of all such property regardless of whether the goods or merchandise were
32 stolen from the same owner. Nothing in this subdivision shall be read to
33 limit the ability to aggregate the value of any property or the ability
34 to charge the larceny of retail goods or merchandise under another
35 applicable provision of law[.]; or
36 [3.] 4. Such person commits deed theft, regardless of the value, of:
37 (a) one residential real property; or (b) one commercial mixed-use prop-
38 erty with at least one residential unit; or (c) two or more commercial
39 properties[.]; or
40 5. The property consists of a scroll, a religious vestment, a vessel,
41 an item comprising a display of religious symbols which forms a repre-
42 sentative expression of faith, or other item of property which:
43 (a) has a value of at least two hundred fifty dollars; and
44 (b) is kept for or used in connection with religious worship in any
45 building, structure or upon the curtilage of such building or structure
46 used as a place of religious worship by a religious corporation, as
47 incorporated under the religious corporations law or the education law,
48 or used as a museum whose central purpose is religious in nature.
49 § 11. This act shall take effect on the first of November next
50 succeeding the date on which it shall have become a law.
