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Enhanced Penalties for Criminal Flag Burners Act

USA119th CongressS-2079| Senate 
| Updated: 6/12/2025
Josh Hawley

Josh Hawley

Republican Senator

Missouri

Cosponsors (2)
Roger Marshall (Republican)Mike Lee (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation aims to enhance penalties for the use of incendiary devices, including the burning of the United States flag, when committed during Federal offenses. Congress finds that such actions pose a significant threat to public safety and Federal property, and that desecrating national symbols in connection with crimes amplifies the danger. The bill's purpose is to address the intent to provoke civic unrest, intimidate officials, or signal violent disruption through these acts. Specifically, the bill amends title 18 of the United States Code to add a new section imposing an enhanced term of imprisonment of not less than one year. This additional penalty applies to anyone who knowingly uses an open flame or incendiary device, including burning the flag, while committing a Federal offense involving property damage, obstruction of government operations, or public endangerment. A crucial rule of construction specifies that this section does not apply to expressive symbolic conduct protected under the First Amendment, provided it does not involve criminal acts or threats to public safety.
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Timeline
Jun 12, 2025
Introduced in Senate
Jun 12, 2025
Read twice and referred to the Committee on the Judiciary.
Jul 2, 2025

Latest Companion Bill Action

HR 119-4287
Introduced in House
  • June 12, 2025
    Introduced in Senate


  • June 12, 2025
    Read twice and referred to the Committee on the Judiciary.


  • July 2, 2025

    Latest Companion Bill Action

    HR 119-4287
    Introduced in House

Crime and Law Enforcement

Related Bills

  • HR 119-4287: Enhanced Penalties for Criminal Flag Burners Act

Enhanced Penalties for Criminal Flag Burners Act

USA119th CongressS-2079| Senate 
| Updated: 6/12/2025
This legislation aims to enhance penalties for the use of incendiary devices, including the burning of the United States flag, when committed during Federal offenses. Congress finds that such actions pose a significant threat to public safety and Federal property, and that desecrating national symbols in connection with crimes amplifies the danger. The bill's purpose is to address the intent to provoke civic unrest, intimidate officials, or signal violent disruption through these acts. Specifically, the bill amends title 18 of the United States Code to add a new section imposing an enhanced term of imprisonment of not less than one year. This additional penalty applies to anyone who knowingly uses an open flame or incendiary device, including burning the flag, while committing a Federal offense involving property damage, obstruction of government operations, or public endangerment. A crucial rule of construction specifies that this section does not apply to expressive symbolic conduct protected under the First Amendment, provided it does not involve criminal acts or threats to public safety.
View Full Text

Suggested Questions

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

Timeline
Jun 12, 2025
Introduced in Senate
Jun 12, 2025
Read twice and referred to the Committee on the Judiciary.
Jul 2, 2025

Latest Companion Bill Action

HR 119-4287
Introduced in House
  • June 12, 2025
    Introduced in Senate


  • June 12, 2025
    Read twice and referred to the Committee on the Judiciary.


  • July 2, 2025

    Latest Companion Bill Action

    HR 119-4287
    Introduced in House
Josh Hawley

Josh Hawley

Republican Senator

Missouri

Cosponsors (2)
Roger Marshall (Republican)Mike Lee (Republican)

Judiciary Committee

Crime and Law Enforcement

Related Bills

  • HR 119-4287: Enhanced Penalties for Criminal Flag Burners Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted