New York statute
N.Y. Penal Law § 145.23 — Cemetery desecration in the first degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 145: Criminal Mischief and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 145.23
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is cemetery desecration in the first degree in New York?
Cemetery desecration in the first degree is a Class E Felony in New York under N.Y. Penal Law § 145.23.
Which New York statute covers cemetery desecration in the first degree?
Cemetery desecration in the first degree is governed by N.Y. Penal Law § 145.23 (Cemetery desecration in the first degree).
This reference is informational and is not legal advice.