New Law Makes Cemetery Desecration a Felony

Noting "Harsher penalties should hopefully deter the recent trend of vandalism to cemeteries," Senator Norman J. Levy (R, C-Merrick) announced that landmark legislation which took effect on Nov. 1, now makes cemetery desecration a felony offense, punishable by substantial monetary fines, possible jail time and the performance of community service where appropriate.

Levy said, "Just recently on Long Island, two irreplaceable headstones dating back to the 1700s were destroyed by vandals and 50 headstones were overturned in a cemetery on Staten Island this past summer. These types of offensive acts which are repulsive and disrespectful to the memory of the deceased and the surviving family will now be addressed by the courts with more effective penalties that are commensurate with the crimes committed."

Levy explained that the new law statutorily creates the crime of "Cemetery Desecration" in the first and second degrees - a Class E Felony and a Class A Misdemeanor, respectively. Under the new law, vandals can be charged with a Class E Felony if the damage to a cemetery plot or burial place exceeds $250, or if the defendant has been previously convicted of cemetery desecration in the second degree within the preceding five years. In addition, it is also a Class E Felony for any person convicted of the crime of "Opening Graves." The punishment for these Class E Felony crimes is up to four years in prison in addition to $5,000 in fines and five years probation. When a person is convicted of intentionally damaging any real property maintained as a cemetery plot or burial place, that individual may now be charged with a Class A Misdemeanor and be punished by up to one year in jail and $1,000 in fines and/or three years probation.

In addition, Levy pointed out that under the new law those individuals under the age of 21 who are convicted of destroying or vandalizing cemeteries could also be required to perform community service by maintaining and repairing cemetery plot areas as part of their sentence. The law also addresses the financial losses suffered by the cemeteries by providing that no less than 10 percent of any fine levied in conjunction with a conviction for cemetery desecration would be earmarked to the State Cemetery Vandalism Restoration and Administration Fund which serves to provide funding to cemeteries for their repairs, maintenance and upkeep.

Levy concluded, "Unfortunately, vandalism to cemeteries is a recurring problem, but by criminalizing this behavior and sharply increasing the penalties, this new law should act as a deterrent to cemetery desecration and thereby help stem the tide of this disrespect for our families' final resting places."