This bill would add a new federal crime rule that increases prison time when someone uses an open flame or an "incendiary device" while committing certain federal crimes. The rule covers acts during offenses that involve property damage, obstruction of government operations, or public endangerment. The bill explicitly includes burning the United States flag as an example of covered conduct.
The bill defines "incendiary device" to include any flammable object, accelerant, fire-starting mechanism, or other apparatus intended to ignite fire, whether improvised or commercially made. It says a person who knowingly uses or causes use of such a device during the listed federal crimes would receive an enhanced prison term of not less than 1 year in addition to any other penalties.
The bill also includes a rule saying this new section does not apply to conduct protected by the First Amendment, such as expressive symbolic actions that are not criminal and do not threaten public safety.
No publicly available information.
The bill says unauthorized use of open flames and incendiary devices during crimes poses a significant threat to public safety and property. It says desecration or destruction of national symbols, including flags, when tied to federal crimes or to intimidate officials increases the danger. It also says burning the flag while committing a federal crime shows an intent to provoke unrest, intimidate officials, or signal violent disruption, and so is an aggravating factor that justifies enhanced penalties.
No publicly available information.