U.S. federal law provides severe penalties for those who knowingly mutilate, damage, physically deface, burn, throw to the ground, or step on any United States flag.
According to the rule established in 18 U.S. Code § 700, anyone who deliberately engages in any of these behaviors may receive a fine, a prison sentence of up to one year, or both penalties.
The text does not limit the provision to any specific nationality, but rather refers to any person who carries out these actions, so knowing this rule before stepping onto U.S. territory is essential.
Which actions can lead to a penalty
According to subsection (a) of the rule, some of the punishable behaviors are
- Cutting or tearing a United States flag
- Damaging or physically defacing it
- Physically desecrating it
- Setting it on fire
- Keeping it on the floor or ground
- Stepping on it
For the actions to be punishable, they must be done knowingly. In other words, accidentally tearing a flag will not have legal consequences.
If the flag is old or dirty, it can be discarded without any problems.
What the law considers a United States flag
For the purposes of penalty, any U.S. flag or part of one made of any material, regardless of its size.
Therefore, the regulation is not limited to any one type of material or a specific size, but rather covers any flag that has a shape commonly used for display.