Enhanced Penalties for Criminal Flag Burners Act

Summary#

The bill would add a prison term of at least one year for knowingly using an open flame or incendiary device while committing a federal offense involving property damage, obstruction of government operations, or public endangerment. The added term would be in addition to other penalties. The bill includes burning the U.S. flag as an example, but excludes conduct protected by the First Amendment that does not involve criminal acts or threats to public safety.

What it means for you#

A person who knowingly uses fire or an incendiary device while committing one of the covered federal offenses could face at least one additional year in prison. The bill says protected expressive conduct without criminal acts or threats to public safety is not covered.

Expenses#

No publicly available information.

Proponents' View#

The bill's stated purpose is to increase penalties for using open flames or incendiary devices during federal offenses. Its findings describe such use as a risk to public safety and federal property.

Opponents' View#

No publicly available information.