119-s2079

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2079 Introduced in Senate

    (IS) ]

<DOC>

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

_______________________________________________________________________

 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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