H.R. 4287: Enhanced Penalties for Criminal Flag Burners Act

This bill, titled the Enhanced Penalties for Criminal Flag Burners Act, aims to increase the legal penalties for individuals who use open flames or incendiary devices while committing federal offenses, including the act of burning the flag of the United States.

Findings

The bill outlines that:

• The unauthorized use of fire during the commission of federal crimes poses a significant risk to public safety and federal property.
• Destruction of U.S. symbols, particularly flags, in connection with federal crimes can heighten the threat posed by these crimes to individuals and property.
• Burning the U.S. flag while committing a federal crime is seen as an act intended to incite unrest or to threaten public officials, thus being an aggravating factor in the crime.

Purpose

The main goal of the bill is to enhance penalties for those who utilize incendiary devices, which includes burning the U.S. flag, while committing crimes that fall under federal jurisdiction.

Enhanced Penalties

The bill proposes specific changes to federal law regarding penalties:

• It defines an incendiary device as any flammable object or mechanism intended to start a fire, regardless of whether it is improvised or commercially made.
• The bill stipulates that anyone who uses or causes the use of an incendiary device while committing a federal offense that results in property damage or public endangerment will face a minimum additional prison sentence of one year.
• Importantly, the bill clarifies that it does not apply to actions protected by the First Amendment, such as free expression that does not involve criminal activities or pose public safety threats.

Clerical Amendment

The bill includes a clerical amendment to the existing United States Code, adding a new section addressing the use of open flames or incendiary devices in relation to federal offenses.

Relevant Companies

None found.