Bill · S. 2079· Senate(119-S-2079)
Enhanced Penalties for Criminal Flag Burners Act
- Introduced
- 6/12/2025
- Last activity
- 6/12/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Josh Hawley
- Cosponsors
- - 2 - 0
- Introduced
- In Committee
What this bill would do
This bill, titled the "Enhanced Penalties for Criminal Flag Burners Act," aims to increase punishments for using fire during federal crimes. It focuses on the use of incendiary devices or open flames during the commission of federal offenses involving property damage, obstruction of government operations, or public endangerment. This includes specifically mentioning the burning of the United States flag. The legislation would add a new section to title 18 of the United States Code. It would require an enhanced prison term of at least one year for those who knowingly use these items during such crimes.
Yes
Does this give the federal government more power?+3
The bill expands federal criminal penalties through an amendment to Title 18 of the United States Code.
The opposite
Does this shorten or soften prison sentences?-2
The bill increases prison sentences for certain federal crimes, which is a move toward stricter rather than reformed sentencing.
Does this protect what people are allowed to say in public life?-1
While it includes a First Amendment rule of construction, the increased penalties target acts that may overlap with expressive conduct.
Does this protect the individual right to speak freely?-1
While it has a First Amendment exception, the bill targets behaviors often associated with symbolic speech.
Who it would affect, and how
Potential Positive Impacts for People
-
Increased penalties for specific criminal acts: The bill seeks to impose an enhanced term of imprisonment of not less than 1 year for individuals who use open flames or incendiary devices during federal offenses involving property damage, obstruction of government operations, or public endangerment (Sec. 3(a)(b)).
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Addressing threats to public safety: The act is based on findings that the unauthorized use of incendiary devices and open flames poses a significant threat to public safety and Federal property (Sec. 2(a)(1)).
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Mitigating intimidation: The bill identifies that destroying United States symbols like flags during federal crimes can be used to intimidate public actors and amplify danger (Sec. 2(a)(2)).
Potential Negative Impacts for People
- Mandatory increased prison time: Individuals committing a federal offense involving property damage, obstruction of government operations, or public endangerment who use an open flame or incendiary device would face an enhanced prison sentence of at least 1 year (Sec. 3(a)(b)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Social Issues And Justice
- Improves Criminal Sentencing Reform-2Improves Freedom Of Speech-1
- Governance And Ideology
- Increases Federal Power+3Improves Freedom Of Speech-1
- 6/12/2025
- Read twice and referred to the Committee on the Judiciary.
- 2 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Mike LeeRepublican · Utah
Roger MarshallRepublican · Kansas