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119-s-2079119th Congress

Enhanced Penalties for Criminal Flag Burners Act

Sponsored By: Senator Hawley, Josh [R-MO]

Introduced

Summary

Adds an enhanced criminal penalty for knowingly using an open flame or incendiary device during certain federal crimes. It also clarifies that purely symbolic, noncriminal protest actions protected by the First Amendment are not covered.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Higher penalties for incendiary crimes

This bill would add a federal penalty when someone knowingly uses an open flame or incendiary device while committing certain federal crimes. If enacted, it would define "incendiary device" to include any flammable object, accelerant, fire-starting mechanism, or similar tool. The bill would add at least 1 year of prison time on top of any other penalty for offenses that damage property, obstruct government operations, or endanger the public. The text cites burning the U.S. flag as an example. It would not apply to peaceful symbolic acts protected by the First Amendment. The change would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Hawley, Josh [R-MO]

MO • R

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 6/12/2025

  • Sen. Marshall, Roger [R-KS]

    KS • R

    Sponsored 6/12/2025

Roll Call Votes

No roll call votes available for this bill.

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