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."
Penalty: none specified.
Source: 11:1331
Analysis:
Defacing the American flag is legal in Delaware if it doesn't outrage anyone's sensibilities, or if one can at least plausibly argue that they couldn't have known that it would outrage anyone's sensibilities. Thus the crime here lies not in the action, but in how people perceive the action.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
