Articles Index
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?
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.
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.'
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.
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.'
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.'
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."
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.
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.
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.
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.
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.'
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.'
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.'
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.
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.'
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.'
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.
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 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 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.'
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...'
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.'
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.