Enhanced Penalties for Criminal Flag Burners Act
This bill, titled the Enhanced Penalties for Criminal Flag Burners Act, would add a new provision to the federal criminal code (18 U.S.C. Chapter 1) that imposes an extra prison term when an open flame or incendiary device is used in the course of a federal offense involving property damage, obstruction of government operations, or public endangerment. The definition of incendiary device is broad and includes the burning of the United States flag. The added penalty would be at least one year in prison, in addition to any other penalties for the underlying offense. A safety provision clarifies that the enhanced penalty does not apply to conduct protected by the First Amendment, including certain symbolic expressions not involving crime or threats to public safety. The bill also formally adds the new section to the federal statute table of sections. In short, the bill targets use of incendiary devices during federal crimes and treats flag burning as a potential aggravating factor, while trying to preserve First Amendment protections for non-criminal symbolic expression. It would apply only when the underlying federal offense involves property damage, obstruction of government operations, or public endangerment.
Key Points
- 1New law proposal: Adds a new Section 28 to Title 18 (Chapter 1) titled “Use of open flame or incendiary device during commission of Federal offense involving property damage or public endangerment.”
- 2Definition of incendiary device: Broadly defined to include any flammable object, accelerant, fire-starting mechanism, or other device intended to ignite fire, whether improvised or commercially manufactured.
- 3Enhanced penalties: If, in the course of a federal offense involving property damage, obstruction of government operations, or public endangerment, someone knowingly uses or causes the use of an open flame or incendiary device (including burning the U.S. flag), they face an enhanced term of imprisonment of not less than 1 year, in addition to other penalties.
- 4First Amendment safeguard: The enhanced penalty does not apply to conduct protected by the First Amendment, including expressive symbolic conduct not involving criminal acts or threats to public safety.
- 5Scope notes: Explicitly includes burning the U.S. flag as an example of an incendiary device; requires the underlying offense to be federal and involve property damage, obstruction, or public endangerment.