[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2079 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2079
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
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A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Penalties for Criminal Flag
Burners Act''.
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:
``Sec. 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:
``28. Use of open flame or incendiary device during commission of
Federal offense involving property damage
or public endangerment.''.
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