NYSentencing

§ 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 proper-
ty,  the  value  of  which  exceeds  two hundred fifty dollars, which is
located at a cemetery plot, grave, burial place or other place of inter-
ment 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.
with Argument