§ 700. — Desecration of the flag of the United States; penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC700]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES
Sec. 700. Desecration of the flag of the United States;
penalties
(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.
(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'.''
