S. 2079: Enhanced Penalties for Criminal Flag Burners Act

This bill, titled the Enhanced Penalties for Criminal Flag Burners Act, seeks to increase the legal penalties for using incendiary devices, such as open flames, during the commission of federal crimes. The main points of the bill are as follows:

Findings

• Congress identifies that using open flames or incendiary devices during federal offenses is a serious public safety risk and a threat to federal property.
• Destroying or desecrating United States symbols, including the flag, in connection with federal crimes heightens the danger of these offenses to individuals and property.
• Burning the U.S. flag in the context of a federal crime indicates an intent to provoke unrest, intimidate officials, or create disruption, and it is recognized as a significant aggravating factor in such criminal acts.

Purpose

The primary purpose of this bill is to enhance the penalties for those who use incendiary devices, including burning the U.S. flag, during federal offenses.

Enhanced Penalties

The bill proposes specific amendments to federal law relating to crimes involving property damage or public endangerment:

• The definition of an "incendiary device" includes any flammable object, accelerant, or ignition mechanism intended to create fire, regardless of whether it is homemade or commercially available.
• Individuals who knowingly use or cause the use of an open flame or incendiary device while committing a federal offense that results in property damage or endangers the public will face an extended prison term of at least one year. This penalty is in addition to any other criminal penalties applicable by law.
• Importantly, the bill clarifies that it does not apply to actions protected by the First Amendment, which includes expressive conduct that does not involve criminal acts or threats to public safety.

Implementation

The amendments proposed by the bill involve changes to the legal codification, specifically by adding a new section to Chapter 1 of Title 18 in the United States Code. This will formally include the enhanced penalties for the specified conduct.

Relevant Companies

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