CITE

    18 USC Sec. 700                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

HEAD

    Sec. 700. Desecration of the flag of the United States; penalties

STATUTE

      (a)(1) Whoever knowingly mutilates, defaces, physically defiles,
    burns, maintains on the floor or ground, or tramples upon any flag
    of the United States shall be fined under this title or imprisoned
    for not more than one year, or both.
      (2) This subsection does not prohibit any conduct consisting of
    the disposal of a flag when it has become worn or soiled.
      (b) As used in this section, the term "flag of the United States"
    means any flag of the United States, or any part thereof, made of
    any substance, of any size, in a form that is commonly displayed.
      (c) Nothing in this section shall be construed as indicating an
    intent on the part of Congress to deprive any State, territory,
    possession, or the Commonwealth of Puerto Rico of jurisdiction over
    any offense over which it would have jurisdiction in the absence of
    this section.
      (d)(1) An appeal may be taken directly to the Supreme Court of
    the United States from any interlocutory or final judgment, decree,
    or order issued by a United States district court ruling upon the
    constitutionality of subsection (a).
      (2) The Supreme Court shall, if it has not previously ruled on
    the question, accept jurisdiction over the appeal and advance on
    the docket and expedite to the greatest extent possible.

SOURCE

    (Added Pub. L. 90-381, Sec. 1, July 5, 1968, 82 Stat. 291; amended
    Pub. L. 101-131, Secs. 2, 3, Oct. 28, 1989, 103 Stat. 777.)

AMENDMENTS

      1989 - Subsec. (a). Pub. L. 101-131, Sec. 2(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Whoever knowingly casts contempt upon any flag of the United
    States by publicly mutilating, defacing, defiling, burning, or
    trampling upon it shall be fined not more than $1,000 or imprisoned
    for not more than one year, or both."
      Subsec. (b). Pub. L. 101-131, Sec. 2(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "The
    term 'flag of the United States' as used in this section, shall
    include any flag, standard colors, ensign, or any picture or
    representation of either, or of any part or parts of either, made
    of any substance or represented on any substance, of any size
    evidently purporting to be either of said flag, standard, color, or
    ensign of the United States of America, or a picture or a
    representation of either, upon which shall be shown the colors, the
    stars and the stripes, in any number of either thereof, or of any
    part or parts of either, by which the average person seeing the
    same without deliberation may believe the same to represent the
    flag, standards, colors, or ensign of the United States of
    America."
      Subsec. (d). Pub. L. 101-131, Sec. 3, added subsec. (d).
                       SHORT TITLE OF 2000 AMENDMENT
      Pub. L. 106-547, Sec. 1, Dec. 19, 2000, 114 Stat. 2738, provided
    that: "This Act [enacting sections 716 and 1036 of this title] may
    be cited as the 'Enhanced Federal Security Act of 2000'."
                       SHORT TITLE OF 1989 AMENDMENT
      Section 1 of Pub. L. 101-131 provided that: "This Act [amending
    this section] may be cited as the 'Flag Protection Act of 1989'."