June 12, 2025
Mr. Hawley (for himself, Mr. Lee, and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To enhance penalties for the use of incendiary devices, including burning the flag of the United States, in the commission of Federal offenses, and for other purposes.
Section 1. Short title
This Act may be cited as the Enhanced Penalties for Criminal Flag Burners Act
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Sec. 2. Findings and purpose
(a) Findings
Congress finds the following:
(1)
The unauthorized use of incendiary devices and open flames during commission of Federal offenses poses a significant threat to public safety and Federal property.
(2)
The desecration or destruction of United States symbols, including flags, in connection with Federal crimes or attempts to intimidate public actors amplifies the danger of the underlying crime to the public and to property.
(3)
The burning of the flag of the United States in furtherance of committing a Federal crime reflects an intent to provoke civic unrest, intimidate officials, or signal violent disruption and is an aggravating factor in the commission of a criminal act.
(b) Purpose
The purpose of this Act is to enhance penalties for the use of incendiary devices, including burning the flag of the United States, in the commission of Federal offenses.
Sec. 3. Enhanced penalties for use of open flames or incendiary devices during commission of Federal offenses
(a) In general
Chapter 1 of title 18, United States Code, is amended by adding at the end the following:
28. Use of open flame or incendiary device during commission of Federal offense involving property damage or public endangerment
(a) Definition
For purposes of this section, the term incendiary device includes any flammable object, accelerant, fire-starting mechanism, or other apparatus intended to ignite fire, whether improvised or commercially manufactured.
(b) Enhanced penalty
Whoever, in the course of committing a Federal offense involving property damage, obstruction of government operations, or public endangerment, knowingly uses or causes the use of an open flame or incendiary device, including burning the flag of the United States, shall be subject to an enhanced term of imprisonment of not less than 1 year, in addition to any other penalty authorized by law.
(c) Rule of construction
This section shall not apply to conduct protected under the First Amendment to the Constitution of the United States, including expressive symbolic conduct not involving criminal acts or threats to public safety.
(b) Clerical amendment
The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: