Enhanced Penalties for Criminal Flag Burners Act
This bill, titled the Enhanced Penalties for Criminal Flag Burners Act, would add a new provision to federal law that increases punishment when someone uses an open flame or an incendiary device during the commission of a federal offense that involves property damage, obstructing government operations, or endangering the public. The new penalty would be at least one additional year in prison, on top of any other penalties, and would specifically include burning the U.S. flag as an incendiary act. The bill also clarifies that the enhanced penalties do not apply to conduct protected by the First Amendment. It creates the new section in Title 18 of the U.S. Code (Chapter 1) and amends the table of sections accordingly. Findings accompanying the bill emphasize public safety concerns and view flag burning in the context of federal crimes as an aggravating factor.
Key Points
- 1Enhanced penalties: If a person knowingly uses or causes the use of an open flame or incendiary device during the commission of a federal offense involving property damage, obstruction of government operations, or public endangerment, they face an enhanced term of imprisonment of not less than 1 year, in addition to any other penalties.
- 2Broad definition of incendiary device: The term covers any flammable object, accelerant, fire-starting mechanism, or other device intended to ignite fire, whether improvised or commercially manufactured, and explicitly includes burning the U.S. flag.
- 3Scope tied to specific offenses: The enhanced penalty applies only “in the course of committing” a federal offense that involves property damage, obstruction of government operations, or public endangerment.
- 4First Amendment caveat: The provision explicitly does not apply to conduct protected by the First Amendment, including symbolic expressive conduct not involving criminal acts or threats to public safety.
- 5Legislative changes: The bill would codify this new penalty as Section 28 of Title 18, U.S.C., and would insert the new section at the end of Chapter 1, with a clerical amendment to reflect the new section in the table of sections.