Includes aggravated cemetery desecration in the second degree and aggravated cemetery desecration in the first degree as specified offenses for purposes of hate crimes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2346
SPONSOR: Eichenstein TITLE OF BILL: An act to amend the penal law, in relation to includ-
ing aggravated cemetery desecration in the second degree and aggravated
cemetery desecration in the first degree as specified offenses for
purposes of hate crimes
PURPOSE:
To include aggravated cemetery desecration in the second degree and
first degree'as specified offenses in relation to hate crimes.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 3 of section 485.05 of the penal law, as amended
by section 1 of part C of chapter 55 of the laws of 2024, is amended to
read as follows: Adds Section 145.26 (aggravated cemetery desecration
in the second degree); section 145.27 (aggravated cemetery desecration
in the first degree) to offenses listed under subdivision 3.
JUSTIFICATION:
According to the Anti-Defamation League, antisemitic incidents across
the United States rose 140% from 2022 to 2023. Recently, more than 50
gravestones were knocked over and/or damaged in a Jewish Cemetery along
Mt. Stuart Road in the town of Rotterdam, NY. Similar incidents have
been reported in other areas of New York State and throughout the
nation.
While law enforcement continues to pursue perpetrators of such inci-
dents, hate crimes laws in New York State are silent on targeted ceme-
tery desecration motivated by bias against race, color, religion,
national origin, sexual orientation, etc.
This measure would add these offenses to Section 485.05 and elevate
aggravated cemetery desecration in the 2nd degree from its current class
E felony to a class D felony, punishable by up to seven years in prison;
aggravated cemetery desecration in the 1st degree, which is currently a
class D felony, would be elevated to a class C felony, punishable by up.
to 15 years in prison.
LEGISLATIVE HISTORY:
05/17/2024: referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2346
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to including aggravated ceme-
tery desecration in the second degree and aggravated cemetery dese-
cration in the first degree as specified offenses for purposes of hate
crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 485.05 of the penal law, as
2 amended by section 2 of part C of chapter 55 of the laws of 2024, is
3 amended to read as follows:
4 3. A "specified offense" is an offense defined by any of the following
5 provisions of this chapter: section 120.00 (assault in the third
6 degree); section 120.05 (assault in the second degree); section 120.06
7 (gang assault in the second degree); section 120.07 (gang assault in the
8 first degree); section 120.10 (assault in the first degree); section
9 120.12 (aggravated assault upon a person less than eleven years old);
10 section 120.13 (menacing in the first degree); section 120.14 (menacing
11 in the second degree); section 120.15 (menacing in the third degree);
12 section 120.20 (reckless endangerment in the second degree); section
13 120.25 (reckless endangerment in the first degree); section 121.11
14 (criminal obstruction of breathing or blood circulation); section 121.12
15 (strangulation in the second degree); section 121.13 (strangulation in
16 the first degree); subdivision one of section 125.15 (manslaughter in
17 the second degree); subdivision one, two or four of section 125.20
18 (manslaughter in the first degree); section 125.25 (murder in the second
19 degree); section 125.26 (aggravated murder); section 125.27 (murder in
20 the first degree); section 120.45 (stalking in the fourth degree);
21 section 120.50 (stalking in the third degree); section 120.55 (stalking
22 in the second degree); section 120.60 (stalking in the first degree);
23 section 130.20 (sexual misconduct); section 130.25 (rape in the third
24 degree); section 130.30 (rape in the second degree); section 130.35
25 (rape in the first degree); former section 130.40; former section
26 130.45; former section 130.50; section 130.52 (forcible touching);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00184-01-5
A. 2346 2
1 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
2 in the third degree); section 130.60 (sexual abuse in the second
3 degree); section 130.65 (sexual abuse in the first degree); section
4 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
5 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
6 vated sexual abuse in the second degree); section 130.70 (aggravated
7 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
8 in the second degree); section 135.10 (unlawful imprisonment in the
9 first degree); section 135.20 (kidnapping in the second degree); section
10 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
11 third degree); section 135.61 (coercion in the second degree); section
12 135.65 (coercion in the first degree); section 140.10 (criminal trespass
13 in the third degree); section 140.15 (criminal trespass in the second
14 degree); section 140.17 (criminal trespass in the first degree); section
15 140.20 (burglary in the third degree); section 140.25 (burglary in the
16 second degree); section 140.30 (burglary in the first degree); section
17 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
18 nal mischief in the third degree); section 145.10 (criminal mischief in
19 the second degree); section 145.12 (criminal mischief in the first
20 degree); section 145.26 (aggravated cemetery desecration in the second
21 degree); section 145.27 (aggravated cemetery desecration in the first
22 degree); section 150.05 (arson in the fourth degree); section 150.10
23 (arson in the third degree); section 150.15 (arson in the second
24 degree); section 150.20 (arson in the first degree); section 155.25
25 (petit larceny); section 155.30 (grand larceny in the fourth degree);
26 section 155.35 (grand larceny in the third degree); section 155.40
27 (grand larceny in the second degree); section 155.42 (grand larceny in
28 the first degree); section 160.05 (robbery in the third degree); section
29 160.10 (robbery in the second degree); section 160.15 (robbery in the
30 first degree); section 230.34 (sex trafficking); section 230.34-a (sex
31 trafficking of a child); section 240.25 (harassment in the first
32 degree); subdivision one, two or four of section 240.30 (aggravated
33 harassment in the second degree); section 240.50 (falsely reporting an
34 incident in the third degree); section 240.55 (falsely reporting an
35 incident in the second degree); section 240.60 (falsely reporting an
36 incident in the first degree); subdivision one of section 265.03 (crimi-
37 nal possession of a weapon in the second degree); subdivision one of
38 section 265.04 (criminal possession of a weapon in the first degree);
39 section 490.10 (soliciting or providing support for an act of terrorism
40 in the second degree); section 490.15 (soliciting or providing support
41 for an act of terrorism in the first degree); section 490.20 (making a
42 terroristic threat); section 490.25 (crime of terrorism); section 490.30
43 (hindering prosecution of terrorism in the second degree); section
44 490.35 (hindering prosecution of terrorism in the first degree); section
45 490.37 (criminal possession of a chemical weapon or biological weapon in
46 the third degree); section 490.40 (criminal possession of a chemical
47 weapon or biological weapon in the second degree); section 490.45 (crim-
48 inal possession of a chemical weapon or biological weapon in the first
49 degree); section 490.47 (criminal use of a chemical weapon or biological
50 weapon in the third degree); section 490.50 (criminal use of a chemical
51 weapon or biological weapon in the second degree); section 490.55 (crim-
52 inal use of a chemical weapon or biological weapon in the first degree);
53 or any attempt or conspiracy to commit any of the foregoing offenses.
54 § 2. This act shall take effect immediately.
