Arizona state senator John Kavanaugh has presented a bill that would punish theft of the American flag as a class 6 felony, which carries a potential two year jail term.
The law would not apply to the theft of flags from government property or retail stores, but is only applicable when the theft occurs on private property.
The purpose of the law, according to Kavanaugh, is to protect the First Amendment rights of citizens who choose to display the American flag as a form of patriotism or protest.
This is not the first time a state legislature has considered flag theft as something separate under the law. Missouri lawmakers enacted a law that makes stealing the American flag a class c felony.
Other class c felonies in Missouri include stealing bomb-making material or any combination of items that are worth at least five hundred dollars.
No one has been arrested in Missouri for stealing an American flag yet, so there is no precedent for Arizona lawmakers to consider since no one has attempted to challenge the law in court.
The theft of an American flag could be compared to any form of flag desecration, which has already been deemed legal in the United States by the Supreme Court.
If Kavanaugh’s bill is signed into law, the Supreme Court’s ruling will likely nullify any attempts to prosecute offenders. Arizona taxpayers have voiced concern that this bill is nothing more than an expensive and time-consuming attempt for Kavanaugh to gain political attention.
