Destruction of Flag

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Destruction of Flag is a Class A Misdemeanor.

Statute(s)

Sec. 42.11. DESTRUCTION OF FLAG.

(a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.
(b) In this section, "flag" means an emblem, banner, or other standard or a copy of an emblem, standard, or banner that is an official or commonly recognized depiction of the flag of the United States or of this state and is capable of being flown from a staff of any character or size. The term does not include a representation of a flag on a written or printed document, a periodical, stationery, a painting or photograph, or an article of clothing or jewelry.
(c) It is an exception to the application of this section that the act that would otherwise constitute an offense is done in conformity with statutes of the United States or of this state relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Caselaw

Street v. New York The Supreme Court of the United States held that statutes

Texas v. Johnson held that statutes preventing the desecration of the flag are unconstitutional.

US v. Eichman declared the federal law unconstitutional as well.

The failures of state and federal flag protection laws in the courts have led many to advocate for a Constitutional Amendment banning flag burning. As of yet, however, no such amendment exists.

Collateral Consequences

Notes

This law is likely to be held unconstitutional. In fact, it is highly unlikely that it would ever be formally charged because any prosecutor would be well aware of its (at the very least) dubious constitutionality.

Discuss this offense with The Law Office of Alison Grinter