S. 2079 — Enhanced Penalties for Criminal Flag Burners Act

This section sets forth congressional findings that the unauthorized use of incendiary devices and open flames, desecration or destruction of U.S. symbols including flags, and burning the U.S. flag during or in furtherance of federal offenses threaten public safety and property and constitute aggravating factors; it declares the purpose of the Act to be enhancing penalties for such conduct.

This section establishes a new offense in 18 U.S.C. § 28 that imposes an enhanced penalty of imprisonment for not less than one year—in addition to any other authorized penalty—for the knowing use or causing the use of an open flame or incendiary device during a federal offense involving property damage, obstruction of government operations, or public endangerment (including burning the U.S. flag). The enhanced penalty does not apply to conduct protected under the First Amendment, such as expressive symbolic conduct not involving criminal acts or threats to public safety.