Bill > S2079

This bill creates new enhanced penalties for individuals who use open flames or incendiary devices while committing federal offenses that involve property damage, obstruction of government operations, or public endangerment. Specifically, the bill defines an "incendiary device" broadly to include any flammable object, accelerant, or fire-starting mechanism, and mandates that anyone using such a device during the commission of a federal crime will receive an additional mandatory prison sentence of at least one year on top of any other existing penalties. The bill's findings emphasize that using fire or burning the American flag during a federal crime is seen as an aggravating factor that signals an intent to provoke civic unrest or intimidate officials. Importantly, the bill includes a rule of construction explicitly stating that the enhanced penalties do not apply to First Amendment-protected conduct, such as symbolic expression that does not involve criminal acts or threats to public safety. The legislation aims to increase consequences for dangerous criminal behavior that involves the use of fire, with a particular focus on actions that might be interpreted as threatening or disruptive to public order.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/2079/all-info