18 U.S.C. § 700 - Desecration of the flag of the United States; penalties

• Cite as: 18 U.S.C. § 700

(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.

Cite as 18 U.S.C. § 700

Source: Added Pub. L. 90-381, §1, July 5, 1968, 82 Stat. 291; amended Pub. L. 101-131, §§2, Oct. 28, 1989, 3, Oct. 28, 1989, 103 Stat. 777.

Notes from the Office of Law Revision Counsel

current through 12/7/2021

EDITORIAL NOTES

CONSTITUTIONALITY

For information regarding constitutionality of this section as amended by Pub. L. 101-131 see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court.