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Enhanced Penalties for Criminal Flag Burners Act

USA119th CongressHR-4287| House 
| Updated: 7/2/2025
Tim Moore

Tim Moore

Republican Representative

North Carolina

Cosponsors (3)
Troy E. Nehls (Republican)Pat Harrigan (Republican)Ralph Norman (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation seeks to enhance penalties for individuals who utilize open flames or incendiary devices, including the burning of the United States flag, during the commission of certain Federal offenses. Congress finds that such actions, particularly when involving the desecration of national symbols, amplify the danger of underlying crimes and reflect an intent to provoke unrest or intimidate officials. The bill amends Title 18 of the U.S. Code by adding a new section that defines an "incendiary device" broadly to include any apparatus intended to ignite fire. It mandates an enhanced term of imprisonment of not less than 1 year for anyone who knowingly uses an open flame or incendiary device while committing a Federal offense involving property damage, obstruction of government operations, or public endangerment . This additional penalty is applied in conjunction with any other authorized punishment for the underlying crime. Crucially, the legislation includes a rule of construction clarifying that these enhanced penalties do not apply to conduct protected under the First Amendment to the Constitution. This ensures that expressive symbolic conduct, which does not involve criminal acts or threats to public safety, remains exempt from the provisions of this Act.
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Timeline
Jun 12, 2025

Latest Companion Bill Action

S 119-2079
Introduced in Senate
Jul 2, 2025
Introduced in House
Jul 2, 2025
Referred to the House Committee on the Judiciary.
  • June 12, 2025

    Latest Companion Bill Action

    S 119-2079
    Introduced in Senate


  • July 2, 2025
    Introduced in House


  • July 2, 2025
    Referred to the House Committee on the Judiciary.

Crime and Law Enforcement

Related Bills

  • S 119-2079: Enhanced Penalties for Criminal Flag Burners Act

Enhanced Penalties for Criminal Flag Burners Act

USA119th CongressHR-4287| House 
| Updated: 7/2/2025
This legislation seeks to enhance penalties for individuals who utilize open flames or incendiary devices, including the burning of the United States flag, during the commission of certain Federal offenses. Congress finds that such actions, particularly when involving the desecration of national symbols, amplify the danger of underlying crimes and reflect an intent to provoke unrest or intimidate officials. The bill amends Title 18 of the U.S. Code by adding a new section that defines an "incendiary device" broadly to include any apparatus intended to ignite fire. It mandates an enhanced term of imprisonment of not less than 1 year for anyone who knowingly uses an open flame or incendiary device while committing a Federal offense involving property damage, obstruction of government operations, or public endangerment . This additional penalty is applied in conjunction with any other authorized punishment for the underlying crime. Crucially, the legislation includes a rule of construction clarifying that these enhanced penalties do not apply to conduct protected under the First Amendment to the Constitution. This ensures that expressive symbolic conduct, which does not involve criminal acts or threats to public safety, remains exempt from the provisions of this Act.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 12, 2025

Latest Companion Bill Action

S 119-2079
Introduced in Senate
Jul 2, 2025
Introduced in House
Jul 2, 2025
Referred to the House Committee on the Judiciary.
  • June 12, 2025

    Latest Companion Bill Action

    S 119-2079
    Introduced in Senate


  • July 2, 2025
    Introduced in House


  • July 2, 2025
    Referred to the House Committee on the Judiciary.
Tim Moore

Tim Moore

Republican Representative

North Carolina

Cosponsors (3)
Troy E. Nehls (Republican)Pat Harrigan (Republican)Ralph Norman (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • S 119-2079: Enhanced Penalties for Criminal Flag Burners Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted