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State Laws: Flag Burning, Desecration, Commercial Use of American Flag

Every state in America except two has laws dealing with the misuse, abuse, and desecration of flags: the American flag, the state flag, and sometimes the Confederate flag. The laws prohibit defiling, defacing, casting contempt upon, and sometimes even satirizing these flags. Most laws specify actions, but some criminalize words. A few include other venerated objects in their protections.
State Laws on Flag Desecration, Burning, Abuse, Defacing, and Abuse
Why do some state laws ban publicly desecrating the flag instead of banning it in private as well? Why do some specify that it doesn't matter if you deface your privately owned flag? What does it mean to make it a crime to 'cast contempt' upon or 'speak evilly' about the American flag? Why do some state that a crime occurs only when an act outrages the 'sensibilities' of those watching? Why do some states make it a crime to deface or cast contempt upon the Confederate flag?
Alabama State Laws on Flag Burning, Desecration, Abuse
In Alabama, desecration of 'venerated objects' in public is a misdemeanor. Such objects include the American flag, the state flag, or 'any other object of veneration by the public or a substantial segment thereof.'
Alaska State Laws on Flag Burning, Desecration, Abuse
In Alaska, no trademark may be registered if it disparages, suggests a false connection with national symbols, or bring such national symbols into disrepute.
Arizona State Laws on Flag Burning, Desecration, Abuse
In Arizona, 'abuse of venerated objects' is a misdemeanor if done in 'any manner likely to provoke immediate physical retaliation.' Abuse includes putting any advertisement on an American or state flag, using the flag on merchandise to sell it, and 'casting contempt upon, mutilating, defacing, defiling, burning, trampling or otherwise dishonoring or causing to bring dishonor' to a flag.
Arkansas State Laws on Flag Burning, Desecration, Abuse
In Arkansas, fines and prison wait for anyone who 'knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon' an American flag. Disposing of an old flag is exempted. 'Flag' means 'any flag of the United States, or any part of a flag of the United States, made of any substance, or any size, in a form that is commonly displayed.'
California State Laws on Flag Burning, Desecration, Abuse
In California, it's a misdemeanor to cast 'contempt' on a American or state flag by 'publicly mutilating, defacing, defiling, burning, or trampling upon it.'
Colorado State Laws on Flag Burning, Desecration, Abuse
In Colorado, it's a misdemeanor to publicly 'mutilate, deface, defile, trample upon, burn, cut, or tear' a flag if the intent is to 'cast contempt or ridicule' on it or to 'outrage the sensibilities' of those who see or might learn of it. A 'flag' is 'any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol' of America or the state.
Connecticut State Laws on Flag Burning, Desecration, Abuse
In Connecticut, it's a misdemeanor to put advertisements on American or state flags and there are penalties for anyone who 'misuses, mutilates, tramples upon or otherwise defaces or defiles or puts indignity upon any of such flags,' regardless of whether they are 'public or private property.'
Delaware State Laws on Flag Burning, Desecration, Abuse
In Delaware, it's a misdemeanor if someone 'intentionally defaces, damages, pollutes or otherwise physically mistreats' the American flag 'in a way in which the actor knows will outrage the sensibilities of persons likely to observe or discover the actions.'
District of Columbia Laws on Flag Burning, Desecration, Abuse
In the District of Columbia, it's a misdemeanor to publicly display a flag with 'any word, figure, mark, picture, design, drawing, or any advertisement' on it and to sell or give away merchandise with an image of the flag on it for the purpose of advertising.
Florida State Laws on Flag Burning, Desecration, Abuse
In Florida, 'public mutilation of a flag' is a misdemeanor applying to anyone who 'mutilates, defaces, or tramples upon or burns with intent to insult any flag, standard, colors, or ensign of the United States or of Florida.'
Georgia State Laws on Flag Burning, Desecration, Abuse
In Georgia, it's a crime to use the American flag or the flag of Georgia 'for the purpose of advertising, selling, or promoting the sale of any article of merchandise.' Included in this is 'any flag or emblem used by the Confederate States of America or the military or naval forces of the Confederate States of America at any time within the years 1860 to 1865, both inclusive.'
Guam State Laws on Flag Burning, Desecration, Abuse
In Guam, it is a misdemeanor to intentionally the American flag 'or any other object of veneration by the public or a substantial segment thereof in any public place.' Desecrate here is defined as 'defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows will outrage the sensibilities of persons likely to observe or discover his action.'
Hawaii State Laws on Flag Burning, Desecration, Abuse
In Hawaii, the crime of "desecration" is committed if someone desecrates in a public place "the national flag or any other object of veneration by a substantial segment of the public." Desecration means "defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action."
Idaho State Laws on Flag Burning, Desecration, Abuse
In Idaho, public mutilation of a flag is a misdemeanor which happens when someone 'publicly mutilates, defaces, or tramples upon or burns, with intent to insult, the flag, standard, colors or ensign of the United States or of the state of Idaho.'
Illinois State Laws on Flag Burning, Desecration, Abuse
In Illinois, it is a felony for anyone 'publicly mutilates, defaces, defiles, tramples, or intentionally displays on the ground or floor' or if they use an American or Illinois flag for advertising.
Indiana State Laws on Flag Burning, Desecration, Abuse
In Indiana, 'flag desecration' is a misdemeanor that occurs when someone 'knowingly or intentionally mutilates, defaces, burns, or tramples any United States flag, standard, or ensign.'
Iowa State Laws on Flag Burning, Desecration, Abuse
In Iowa, it is a misdemeanor for someone to 'publicly mutilate, deface, defile or defy, trample upon, cast contempt upon, satirize, deride or burlesque, either by words or act' the American flag, the Iowa state flag, or any images or representations thereof.'
Kansas State Laws on Flag Burning, Desecration, Abuse
In Kansas, criminal desecration includes 'damaging, defacing or destroying the flag, ensign or other symbol of the United States or this state in which another has a property interest without the consent of such other person.'
Kentucky State Laws on Flag Burning, Desecration, Abuse
In Kentucky, desecration of 'venerated objects' is a misdemeanor which applies if someone 'desecrates in a public place the national or state flag or other patriotic or religious symbol which is an object of veneration by the public or a substantial segment thereof.'
Louisiana State Laws on Flag Burning, Desecration, Abuse
In Louisiana, flag 'desecration' is a crime which covers any 'flag, shield, standard, color or ensign of the United States, the State of Louisiana, or the Confederate States of America.' It outlaws putting 'any word, mark, design or advertisement of any nature upon any flag' makes it a crime for anyone to 'publicly mutilate, defile, or by word or act cast contempt upon any flag.' In both cases, it must be done 'intentionally' and 'for exhibition or display.'
Maine State Laws on Flag Burning, Desecration, Abuse
In Maine, 'desecration' is a civil violation which occurs when one puts 'any word, figure, mark, picture, design, drawing or advertisement of any nature' on any 'flag, standard, color, ensign or shield of the United States or of this State, or authorized by any law of the United States or of this State.' It is also a violation to sell or give away any 'article of merchandise, or receptacle, or thing for holding or carrying merchandise' which has a flag on it for the purpose of advertisement.
Maryland State Laws on Flag Burning, Desecration, Abuse
In Maryland, it is a misdemeanor for anyone to 'intentionally mutilate, deface, destroy, burn, trample, or use a flag' if they intend to 'incite or produce an imminent breach of the peace' and the circumstances are likely to result in just that.
Massachusetts State Laws on Flag Burning, Desecration, Abuse
In Massachusetts, it is a crime if anyone 'publicly burns or otherwise mutilates, tramples upon, defaces or treats contemptuously the flag of the United States or of Massachusetts.' It doesn't matter if the flag is 'public or private property' or just a representation of a flag. It's also a crime to use these flags for advertisements.
Michigan State Laws on Flag Burning, Desecration, Abuse
In Michigan, 'mutilation' makes it a misdemeanor to 'publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign, coat-of-arms or shield,' which applies to the American flag and the flag of Michigan.
Minnesota State Laws on Flag Burning, Desecration, Abuse
In Minnesota, it is a misdemeanor if anyone 'intentionally and publicly mutilates, defiles, or casts contempt' on the flag, puts on the flag 'any word, mark, design, or advertisement not properly a part of such flag or exposes to public view a flag so altered,' manufactures such a flag, or uses a flag for advertising. Periodicals, stationary, ornaments, and jewelry are exempted.
Mississippi State Laws on Flag Burning, Desecration, Abuse
In Mississippi, flag desecration is a misdemeanor if one puts any 'word, figure, mark, picture, design, drawing, or any advertisement' on 'any flag, standard, color or ensign of the United States or state flag of the State of Mississippi, or ensign or Confederate flag.' It also applies if someone should 'publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, color or ensign, with the intent to desecrate or dishonor such.'
Missouri State Laws on Flag Burning, Desecration, Abuse
In Missouri, desecration of a flag is a misdemeanor which occurs if anyone 'publicly mutilates, defaces, defiles, tramples upon or otherwise desecrates the national flag of the United States or the state flag of the state of Missouri.'
Montana State Laws on Flag Burning, Desecration, Abuse
In Montana, desecration of flags is a crime that occurs when someone intentionally and publicly 'mutilates, defiles, or casts contempt upon the flag,' puts 'any work, mark, design, or advertisement not properly a part of such flag or exposes to public view a flag so altered,' puts the flag on 'an article of merchandise or a wrapper or receptacle for merchandise,' or uses a flag to advertise things.
Nebraska State Laws on Flag Burning, Desecration, Abuse
In Nebraska, mutilating a flag is a misdemeanor if someone 'intentionally casts contempt or ridicule upon a flag by mutilating, defacing, defiling, burning, or trampling upon such flag.' This covers 'any flag, ensign, banner, standard, colors, or replica or representation thereof which is an official or commonly recognized symbol of the United States or the State of Nebraska.'
Nevada State Laws on Flag Burning, Desecration, Abuse
In Nevada, desecration of a flag is a misdemeanor which occurs when someone puts 'any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks or notice...' on an American or state flag. It also occurs when someone 'publicly or willfully mutilates, tramples upon, or who tears down or willfully and maliciously removes while owned by others, or defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise defaces or defiles any of the flags...'
New Hampshire State Laws on Flag Burning, Desecration, Abuse
In New Hampshire, desecration of a flag is a misdemeanor. Desecration means 'diverting from a sacred purpose or use to which a flag has been devoted by another individual or group of individuals' and covers 'burning, defacing, mutilating, destroying or trampling upon the flag,' but only when the flag is 'properly displayed' or 'the property of another.'
New Jersey State Laws on Flag Burning, Desecration, Abuse
In New Jersey, desecration of a venerated object is a crime which occurs when someone 'purposely desecrates any public monument, insignia, symbol, or structure, or place of worship or burial.' Desecration is an act which covers 'defacing, damaging, or polluting.'
New Mexico State Laws on Flag Burning, Desecration, Abuse
In New Mexico, a petty misdemeanor called 'improper use of official symbols' occurs if anyone uses 'the state or national flags for any purpose other than the purposes for which it was designed by law,' if they 'insult by word or act to the state or national flags,' and if they use the national or state flags for advertising.
New York State Laws on Flag Burning, Desecration, Abuse
In New York, it is a misdemeanor for someone to put 'any word, figure, mark, picture, design, drawing, or any advertisement, of any nature' on the national and state flag, as well as to put any representations of the flags on any 'blank check, bill head, letter head, envelope or other business stationery.' It is also a crime to 'publicly mutilate, deface, defile, or defy, trample upon, or cast contempt upon either by words or act' the national or state flag.
North Carolina State Laws on Flag Burning, Desecration, Abuse
In North Carolina, desecration of a flag is a misdemeanor that occurs when someone casts 'contempt upon any flag of the United States or upon any flag of North Carolina by public acts of physical contact including, but not limited to, mutilation, defiling, defacing or trampling.'
North Dakota State Laws on Flag Burning, Desecration, Abuse
In North Dakota, desecration of the flag misdemeanor which occurs if someone 'casts contempt upon any flag of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it.'
Ohio State Laws on Flag Burning, Desecration, Abuse
In Ohio, desecration is a crime which occurs whenever someone is found to 'deface, damage, pollute, or otherwise physically mistreat' the American flag or the flag of the state of Ohio.
Oklahoma State Laws on Flag Burning, Desecration, Abuse
In Oklahoma, it is a misdemeanor to use an American or state flag in any advertisement or to 'contemptuously or maliciously tear down, burn, trample upon, mutilate, deface, defile, defy, treat with indignity, wantonly destroy, or cast contempt, either by word or act, upon any flag, standard, colors or ensign of the United States of America.' The word 'defile' means 'public conduct which brings shame or disgrace upon any flag of the United States by its use for unpatriotic or profane purposes.'
Oregon State Laws on Flag Burning, Desecration, Abuse
In Oregon, abuse of venerated objects is a misdemeanor which occurs when someone 'abuses a public monument or structure, a place of worship or the national or state flag,' where 'abuse' means 'deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.'
Pennsylvania State Laws on Flag Burning, Desecration, Abuse
In Pennsylvania, it is a crime to show 'disrespect' to the American flag, which includes prohibitions against the flag being used as 'wearing apparel, bedding or drapery,' as a 'receptacle for receiving, holding, carrying or delivering anything,' used in any advertising, or 'embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard.'
Rhode Island State Laws on Flag Burning, Desecration, Abuse
In Rhode Island, it is a misdemeanor to use state emblems for commercial purposes. A ban on publicly mutilating, defacing or trampling on the American flag was repealed.
South Carolina State Laws on Flag Burning, Desecration, Abuse
South Carolina criminalizes 'desecration or mutilation' of the American, state, and Confederate flags and doesn't allow anyone to 'publicly mutilate, deface, defile, defy, jeer at, trample upon or cast contempt, either by word or act.' Desecration and mutilation includes putting any 'word, inscription, figure, mark, picture, design, device, symbol, name, characters, drawing, notice or advertisement' on the flags.
South Dakota State Laws on Flag Burning, Desecration, Abuse
In South Dakota, it is a misdemeanor for anyone who 'knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon' an American or state flag.
Tennessee State Laws on Flag Burning, Desecration, Abuse
In Tennessee, it is a misdemeanor for someone who 'intentionally desecrates' a place or worship, a place of burial, a state or national flag.
Texas State Laws on Flag Burning, Desecration, Abuse
In Texas, it is a misdemeanor if someone "intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas."
Utah State Laws on Flag Burning, Desecration, Abuse
In Utah, abuse of a flag is a misdemeanor which occurs if anyone 'places any unauthorized inscription or other thing upon any flag of the United States or of any state of the United States,' uses a flag for advertising, or 'knowingly casts contempt upon the flag of the United States or of any state of the United States by publicly mutilating, defacing, defiling, burning, or trampling upon it.'
Vermont State Laws on Flag Burning, Desecration, Abuse
In Vermont, it is a crime to put 'any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state,' to use such flags for advertising, and to 'publicly mutilate, deface, defile, defy, trample upon, or by word or act cast contempt upon any such flag, standard, color, ensign or shield.'
Virginia State Laws on Flag Burning, Desecration, Abuse
In Virginia, it is a crime for anyone to 'publicly burn with contempt, mutilate, deface, defile, trample upon, or wear with intent to defile' the American or state flags. A 'flag' here is defined as 'any flag, standard, color, ensign or shield, or copy, picture or representation thereof, made of any substance or represented or produced thereon, and of any size, evidently purporting to be such flag... or a copy, picture or representation thereof.'
Washington State Laws on Flag Burning, Desecration, Abuse
In Washington, it is a misdemeanor for anyone to 'knowingly cast contempt upon any flag, standard, color, ensign or shield ... by publicly mutilating, defacing, defiling, burning, or trampling' it. It is also a crime to put 'any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag' or to use a flag for advertising.
West Virginia State Laws on Flag Burning, Desecration, Abuse
In West Virginia, desecration of a flag is a misdemeanor which occurs when someone puts 'any words, figures, marks, pictures, designs, drawings, or any advertisement of any nature' on a flag or uses a flag for advertising. It is also a crime to 'publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by words or acts.'
Wisconsin State Laws on Flag Burning, Desecration, Abuse
In Wisconsin, improper use of a flag is a misdemeanor which applies to anyone who puts on the flag 'any word, mark, design, or advertisement not properly a part of such flag' or uses the flag for advertising.
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