[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1370 Introduced in Senate (IS)]
1st Session
S. 1370
To provide for the protection of the flag of the United States, and for
other purposes.
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IN THE SENATE OF THE UNITED STATES
July 1, 2005
Mr. Bennett (for himself, Mr. Conrad, and Mr. Byrd) introduced the
following bill; which was read twice and referred to the
Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
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A BILL
To provide for the protection of the flag of the United States, 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 ``Flag Protection Act of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the flag of the United States is a unique symbol of
national unity and represents the values of liberty, justice,
and equality that make this Nation an example of freedom
unmatched throughout the world;
(2) the Bill of Rights is a guarantee of those freedoms and
should not be amended in a manner that could be interpreted to
restrict freedom, a course that is regularly resorted to by
authoritarian governments which fear freedom and not by free
and democratic nations;
(3) abuse of the flag of the United States causes more than
pain and distress to the overwhelming majority of the American
people and may amount to fighting words or a direct threat to
the physical and emotional well-being of individuals at whom
the threat is targeted; and
(4) destruction of the flag of the United States can be
intended to incite a violent response rather than make a
political statement and such conduct is outside the protections
afforded by the first amendment to the Constitution.
(b) Purpose.--The purpose of this Act is to provide the maximum
protection against the use of the flag of the United States to promote
violence while respecting the liberties that it symbolizes.
SEC. 3. PROTECTION OF THE FLAG OF THE UNITED STATES AGAINST USE FOR
PROMOTING VIOLENCE.
(a) In General.--Section 700 of title 18, United States Code, is
amended to read as follows:
``Sec. 700. Incitement; damage or destruction of property involving the
flag of the United States
``(a) Definition of Flag of the United States.--In this section,
the term `flag of the United States' means any flag of the United
States, or any part thereof, made of any substance, in any size, in a
form that is commonly displayed as a flag and that would be taken to be
a flag by the reasonable observer.
``(b) Actions Promoting Violence.--Any person who destroys or
damages a flag of the United States with the primary purpose and intent
to incite or produce imminent violence or a breach of the peace, and
under circumstances in which the person knows that it is reasonably
likely to produce imminent violence or a breach of the peace, shall be
fined not more than $100,000, imprisoned not more than 1 year, or both.
``(c) Damaging a Flag Belonging to the United States.--Any person
who steals or knowingly converts to his or her use, or to the use of
another, a flag of the United States belonging to the United States,
and who intentionally destroys or damages that flag, shall be fined not
more than $250,000, imprisoned not more than 2 years, or both.
``(d) Damaging a Flag of Another on Federal Land.--Any person who,
within any lands reserved for the use of the United States, or under
the exclusive or concurrent jurisdiction of the United States, steals
or knowingly converts to his or her use, or to the use of another, a
flag of the United States belonging to another person, and who
intentionally destroys or damages that flag, shall be fined not more
than $250,000, imprisoned not more than 2 years, or both.
``(e) Construction.--Nothing in this section shall be construed to
indicate an intent on the part of Congress to deprive any State,
territory, or possession of the United States, or the Commonwealth of
Puerto Rico of jurisdiction over any offense over which it would have
jurisdiction in the absence of this section.''.
(b) Technical and Conforming Amendment.--The chapter analysis for
chapter 33 of title 18, United States Code, is amended by striking the
item relating to section 700 and inserting the following:
``700. Incitement; damage or destruction of property involving the flag
of the United States.''.
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