I 
119TH CONGRESS 
1ST SESSION H. R. 4287 
To enhance penalties for the use of incendiary devices, including burning 
the flag of the United States, in the commission of Federal offenses, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 2, 2025 
Mr. MOORE of North Carolina (for himself, Mr. HARRIGAN, Mr. NORMAN, and 
Mr. NEHLS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To enhance penalties for the use of incendiary devices, in-
cluding burning the flag of the United States, in the 
commission of Federal offenses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enhanced Penalties 
for Criminal Flag Burners Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The unauthorized use of incendiary devices 
and open flames during commission of Federal of-
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fenses poses a significant threat to public safety and 
Federal property. 
(2) The desecration or destruction of United 
States symbols, including flags, in connection with 
Federal crimes or attempts to intimidate public ac-
tors amplifies the danger of the underlying crime to 
the public and to property. 
(3) The burning of the flag of the United 
States in furtherance of committing a Federal crime 
reflects an intent to provoke civic unrest, intimidate 
officials, or signal violent disruption and is an aggra-
vating factor in the commission of a criminal act. 
(b) PURPOSE.—The purpose of this Act is to enhance 
penalties for the use of incendiary devices, including burn-
ing the flag of the United States, in the commission of 
Federal offenses. 
SEC. 3. ENHANCED PENALTIES FOR USE OF OPEN FLAMES 
OR INCENDIARY DEVICES DURING COMMIS-
SION OF FEDERAL OFFENSES. 
(a) IN GENERAL.—Chapter 1 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 28. Use of open flame or incendiary device during 
commission of Federal offense involving 
property damage or public endangerment 
‘‘(a) DEFINITION.—For purposes of this section, the 
term ‘incendiary device’ includes any flammable object, 
accelerant, fire-starting mechanism, or other apparatus in-
tended to ignite fire, whether improvised or commercially 
manufactured. 
‘‘(b) ENHANCED PENALTY.—Whoever, in the course 
of committing a Federal offense involving property dam-
age, obstruction of government operations, or public 
endangerment, knowingly uses or causes the use of an 
open flame or incendiary device, including burning the flag 
of the United States, shall be subject to an enhanced term 
of imprisonment of not less than 1 year, in addition to 
any other penalty authorized by law. 
‘‘(c) RULE OF CONSTRUCTION.—This section shall 
not apply to conduct protected under the First Amend-
ment to the Constitution of the United States, including 
expressive symbolic conduct not involving criminal acts or 
threats to public safety.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 1 of title 18, United States Code, is amended 
by adding at the end the following: 
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‘‘28. Use of open flame or incendiary device during commission of Federal of-
fense involving property damage or public endangerment.’’. 
Æ 
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