A person is guilty of cemetery desecration in the second degree when: (a) 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 damages any real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains; or (b) with intent to steal personal property, he steals personal property 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. Cemetery desecration in the second degree is a class A misdemeanor.
New York Legal Code