Sponsors (4)
Creates a federal enhanced penalty adding at least one year imprisonment when an open flame or incendiary device is knowingly used during certain federal offenses, excluding protected expressive conduct.
The bill strengthens penalties and clarifies definitions to deter use of incendiary devices and better protect people and property, but it increases federal punishment (and related costs) and raises significant risks to free expression, overbroad enforcement, and reduced alternatives to incarceration.
People and property near federal crimes (including urban communities and bystanders) gain greater protection because higher penalties and sentencing enhancements deter use of fire or incendiary devices, reducing arson risk and public endangerment.
Federal law enforcement and prosecutors get stronger deterrent and charging tools to address attacks that use incendiary devices, which can improve prevention and successful prosecution of arson-related offenses.
Prosecutors and courts benefit from a clearer statutory definition of 'incendiary device,' which can reduce legal ambiguity and help apply the law more consistently.
People who burn flags or engage in symbolic protest risk harsher federal penalties when that conduct is tied to a federal offense, creating substantial First Amendment free-speech concerns.
Taxpayers and the federal prison system are likely to face higher costs because enhanced penalties and added prison time increase prosecutions and longer incarcerations.
The bill's broad wording and an expansive definition of 'incendiary device' could criminalize low-risk conduct (e.g., small flammable items) and enable selective or uneven enforcement, risking overcriminalization of minor acts.
Based on analysis of 3 sections of legislative text.
Official title: 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.
Introduced July 2, 2025 by Tim Moore · Last progress July 2, 2025
Creates a new federal crime enhancement that adds a mandatory minimum prison term of at least one year when an open flame or incendiary device is knowingly used during the commission of certain federal offenses that cause property damage, obstruct government operations, or endanger the public. The provision defines "incendiary device" broadly, excludes purely protected First Amendment expressive conduct that doesn't threaten safety, and adds the new section into Title 18's table of sections.