PL 145.23 Cemetery desecration 1st degree Class E felony Link to CJI2d
§ 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) 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.
.
Subdivision Elements Lesser included offenses
PL 145.23(a)
  • intent to damage property of another
  • damages real or personal property
  • property maintained as place of interment of human remains
  • value over $ 250

LIO

PL 145.23(b)
  • intent to damage property of another
  • damages real or personal property
  • property maintained as place of interment of human remains
  • prev.conv. PL 145.22 w/in 5 yrs

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by