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.
A "flag" covers 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, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representation thereof."
Penalty: none specified.
Source: 9.86
Analysis:
Washington doesn't define this as a law against "desecration," just a law against "improper use" of the flag. This law challenged and struck down in the 1974 case of Spence v. Washington. A college student was arrested and convicted for having put a peace symbol on a flag he hung outside this apartment window. According to the Supreme Court, his actions were protected free speech. For some reason, the state of Washington doesn't appear to have gotten the message so they never deleted the law from their books.
More:
- Overview of State Laws on Flag Abuse, Burning, Desecration
- Index of State Laws on Flag Abuse, Burning, Desecration
