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Whether it is a farmer trying to gain a few more square feet to plow, a developer looking for one more parking space or just plain vandalism, families are losing their history at an ever more rapid rate.

Every day we are being robbed of our legacy. GRAVES are being desecrated, stealing from these families and all of us, the most sacred of our memorials.

We can wait no longer. If we are going to preserve these chapters in our history for the generations to come, protection for graves and their markers must be put into place immediately. All grave sites must be afforded equal protection under the law without preference to color, creed or religious beliefs of the departed.

As an example of our laxness, more effort has been put forth to keep graffiti off subway trains in the state of New York than protecting graves from desecration.

The only way to maintain the integrity of all graves and markers is by the passage of laws that will make it a criminal offense to desecrate or disturb these sacred sites from the likes of browsing cattle, bulldozers or cans of spray paint.

As a person in a position to help provide these protections, we implore you to act now, before it is too late. 

We are encouraging the creation of a new new law which would  statutorily create the crime of "PUBLIC OR PRIVATE Cemetery Desecration" in the first and second degrees - a Class E Felony and a Class A Misdemeanor, respectively. Under this proposed new law, vandals would be charged with a Class E Felony if the damage to a cemetery plot or burial place exceeds $250, or if the defendant had been previously convicted of cemetery desecration in the second degree within the preceding five years. In addition, it would also be a Class E Felony for any person convicted of the crime of "Opening Graves." The punishment for these Class E Felony crimes would be up to four years in prison in addition to $5,000 in fines and five years probation. When a person is convicted of intentionally damaging any real property maintained as a cemetery plot or burial place, that individual would be charged with a Class A Misdemeanor and be punished by up to one year in jail and $1,000 in fines and/or three years probation.

In addition, under the new law those individuals under the age of 21 convicted of destroying or vandalizing cemeteries would also be required to perform community service by maintaining and repairing cemetery plot areas as part of their sentence. 

The law would also address the financial losses suffered by the cemeteries by providing that no less than 10 percent of any fine levied in conjunction with a conviction for cemetery desecration would be earmarked to a State Cemetery Vandalism Restoration and Administration Fund which would serve to provide funding to cemeteries for their repairs, maintenance and upkeep.

This proposed new law would also Provide legislation to remove the remains of ALL persons interred on private land when the use of the property is to be  converted to a use other than originally intended as a cemetery.

Unfortunately, vandalism to cemeteries is a recurring problem, but by criminalizing this behavior and sharply increasing the penalties, combined with active enforcement, this proposed new law should act as a deterrent to cemetery desecration and thereby help stem the tide of this disrespect for our families' final resting places

Thank you in advance for your time and energies expended on this matter.

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