The Texas Destruction of Flag law gave police the right to arrest you if they believed you intentionally burned or damaged the flags of the United States or Texas.
FAQs about the
Destruction of Flag law in Texas
However, the Texas Court of Criminal Appeals, the highest court of appeals in the State of Texas, held that this statute is facially invalid because it is unconstitutionally overbroad in violation of the First Amendment. Accordingly, this law is unconstitutional and no longer enforceable.
The Penal Code codifies the Texas Destruction of Flag law under Title 9 “Offenses Against Public Order and Decency,” Chapter 42 “Disorderly Conduct and Related Offenses.” Learn more about the Texas offense of Destruction of Flag below.
What is the current Texas law about Destruction of Flag?
The current Texas law defines the offense of Destruction of Flag in Penal Code Section §42.11 as follows:[1]
(a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.
This law has been held unconstitutional by the Texas Court of Criminal Appeals, the highest court of criminal appeals in the State of Texas.[2] The United States Supreme Court held a similar law to be unconstitutional back in 1989.[3] So this law should no longer be enforced, even though it is still on the books.
How can I be charged with a Destruction of Flag offense in Texas?
You could theoretically be charged with Destruction of Flag in Texas if the state’s attorneys believe that each of the elements of 42.11(a) as described in the section above have been met. However, because the statute is unconstitutional,[4] no one should be charged with this offense at this time.
What is the penalty for a Texas Destruction of Flag offense?
A conviction for Destruction of Flag in Texas was punished as a Class A misdemeanor,[5] but the statute is now unenforceable because it was held to be unconstitutional.[6]
What level of crime is Destruction of Flag in Texas?
The Penal Code classifies Destruction of Flag as a Class A misdemeanor.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §42.11. This law is current as of the 88th Legislature Regular Session.^2. State v. Johnson, 475 S.W.3d 860, 865 (Tex. Crim. App. 2015); see also News Coverage^3. Texas v. Johnson, 491 U.S. 397 (1989)^4. State v. Johnson, 475 S.W.3d 860, 865 (Tex. Crim. App. 2015)^5. Texas Penal Code §42.11(d)^6. State v. Johnson, 475 S.W.3d 860, 865 (Tex. Crim. App. 2015)
