N.Y. Penal Law § 145.23: Cemetery desecration in the first degree

§ 145.23 Cemetery desecration in the first degree.

A person is guilty of cemetery desecration in the first degree when

with intent to damage property of another person, and having no right to

do so nor any reasonable ground to believe that he has such right, he:

(a) damages any real or personal property maintained as a cemetery

plot, grave, burial place or other place of interment of human remains

in an amount exceeding two hundred fifty dollars; or

(b) with intent to steal personal property, he steals personal

property, the value of which exceeds two hundred fifty dollars, which is

located at a cemetery plot, grave, burial place or other place of

interment of human remains and which property is owned by the person or

organization which maintains or owns such place or the estate,

next-of-kin or representatives of the deceased person interred there; or

(c) commits the crime of cemetery desecration in the second degree as

defined in section 145.22 of this article and has been previously

convicted of the crime of cemetery desecration in the second degree

within the preceding five years.

Cemetery desecration in the first degree is a class E felony.