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United StatesSenate Bill 2079S 2079

Enhanced Penalties for Criminal Flag Burners Act

Crime and Law Enforcement
  1. senate
  2. house
  3. president

Last progress June 12, 2025 (8 months ago)

Introduced on June 12, 2025 by Joshua David Hawley

Sponsors (3)

House Votes

Vote Data Not Available

Senate Votes

Pending Committee
June 12, 2025 (8 months ago)

Read twice and referred to the Committee on the Judiciary.

Presidential Signature

Signature Data Not Available

Text Versions

Text as it was Introduced in Senate
June 12, 2025
View

Amendments

No Amendments

Related Legislation

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AI Insights

Analyzed 2 of 2 sections

Summary

Adds a new federal penalty enhancement for anyone who knowingly uses an open flame or an incendiary device while committing a federal offense that damages property, obstructs government operations, or endangers public safety. The change defines “incendiary device,” adds at least one year of prison on top of any other penalties, includes findings about the dangers of such conduct, and states the enhancement does not apply to conduct protected by the First Amendment.

Key Points

  • Creates a new federal sentencing enhancement when someone knowingly uses an open flame or incendiary device while committing certain federal offenses.
  • Applies only when the conduct causes property damage, obstructs government operations, or endangers the public.
  • Defines “incendiary device” in statute instead of relying solely on existing case law.
  • Adds a mandatory additional prison term of at least one year on top of other penalties.
  • Includes a First Amendment carveout so constitutionally protected expressive conduct is not covered.
  • Does not repeal or replace existing arson, destruction-of-property, or obstruction statutes; it adds an extra penalty.
  • Includes congressional findings explaining the public-safety rationale for the enhancement.
  • Contains a clerical update to the Title 18 table of sections to list the new provision.

Categories & Tags

Subjects
public safety
criminal law
penalties
incendiary devices
flag desecration
arson/incendiary devices
+4 more
Affected Groups
Individuals (general)

Provisions

8 items

The unauthorized use of incendiary devices and open flames during commission of Federal offenses poses a significant threat to public safety and Federal property.

finding
Affects: public safety; Federal property

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.

finding
Affects: United States symbols (including flags); public actors; public; property

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.

finding
Affects: flag of the United States; officials; civic order

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.

penalty
Affects: incendiary devices; flag burning; Federal offenses

Defines the term incendiary device to include any flammable object, accelerant, fire-starting mechanism, or other apparatus intended to ignite fire, whether improvised or commercially manufactured.

definition
Affects: General public / any person (who may use an incendiary device) ("Whoever")
North CarolinarepresentativeTim Moore
HR-4287 · Bill

Enhanced Penalties for Criminal Flag Burners Act

  1. house
Federal law enforcement personnel
First Responders
General public
+2 more
  • senate
  • president
  • Updated 1 week ago

    Last progress July 2, 2025 (7 months ago)

    Impact Analysis

    Who is affected and how:

    • People who commit federal crimes: Individuals who knowingly use open flames or incendiary devices while committing an underlying federal offense that damages property, obstructs government operations, or endangers the public will face a mandatory additional prison term of at least one year on top of other sentences. This increases criminal exposure and likely affects plea decisions and sentencing outcomes.

    • Federal prosecutors and law enforcement: The bill provides an explicit statutory tool prosecutors can use to seek stiffer punishment in qualifying cases; it may encourage charging or sentencing arguments using the new enhancement. Law enforcement may treat incidents involving incendiary devices with heightened seriousness for federal investigation and referral.

    • Courts and judges: Judges will need to apply the enhancement when elements are proven or admitted, and will consider the First Amendment carveout in close cases. The new definition of incendiary device could be litigated over its scope in particular factual settings.

    • First responders and local communities: Deterring incendiary use during crimes could reduce the risk of fires and related harm, potentially improving public safety and lowering emergency-response burdens in affected incidents.

    • Constitutional considerations: Although the bill expressly excludes conduct protected by the First Amendment, speech-related disputes could arise at the margins — for example, whether a particular act combining expressive conduct with other illegal acts is covered. Expect potential litigation clarifying the boundary between protected expressive actions and punishable criminal conduct.

    • Budget and administrative effects: The statute increases potential prison terms, which could have modest downstream impacts on federal corrections costs if applied frequently; however, the bill itself does not appropriate funds or create new programs.

    Overall, the measure is a targeted criminal-law change that raises penalties for a defined set of dangerous acts during federal offenses, with limited noncriminal administrative impacts but potential litigation over definitions and First Amendment limits.