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" includes "public conduct which brings shame or disgrace upon any flag of the United States by its use for unpatriotic or profane purposes."
A "flag" means "any picture, representation or part thereof which an average person would believe, upon seeing and without deliberation, to represent the flag, standard, colors or ensign of the United States of America." Furthermore, it is a felony to "publicly display any red flag or other emblem or banner, indicating disloyalty to the Government of the United States or a belief in anarchy or other political doctrines or beliefs, whose objects are either the disruption or destruction of organized government, or the defiance of the laws of the United States or of the State of Oklahoma."
Penalty: Imprisonment for up to 10 years and a fine of up to $1,000.
Source: 21371, 21372, 21374
Analysis:
Apparently, it's OK in Oklahoma to mutilate, deface, defile, or defy the American or state flags so long as you don't do so "contemptuously" or "maliciously." Maybe if you just keep reciting "with all due respect" while you do it, you won't be guilty of a crime? All kidding aside, the fact that one's attitude is where the crime lies indicates that Oklahoma is more interested in criminalizing ideas than behavior - an impression reinforced by the fact that it's also a crime to defy or cast contempt on the flags "by word" as well as by act.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
