“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.”
No CRS summary available for this bill.
This section states congressional findings that the unauthorized use of incendiary devices and open flames, desecration of U.S. symbols including flags, and burning the U.S. flag during federal offenses threaten public safety, federal property, and public actors by provoking unrest or intimidation. The section declares the purpose of the Act to enhance penalties for using incendiary devices, including burning the U.S. flag, in the commission of federal offenses.
This section establishes in 18 U.S.C. § 28 an enhanced penalty of a mandatory minimum one-year term of imprisonment, in addition to any other penalty authorized by law, for knowingly using or causing the use of an open flame or incendiary device (i.e., any flammable object, accelerant, fire-starting mechanism, or other apparatus intended to ignite fire) during the commission of a federal offense involving property damage, obstruction of government operations, or public endangerment—including burning the U.S. flag. The enhancement does not apply to conduct protected under the First Amendment, including expressive symbolic conduct not involving criminal acts or threats to public safety.