CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
§ 42.11. DESTRUCTION OF FLAG.
(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
(b) In this section, "flag" means an emblem, banner, or
other standard or a copy of an emblem, standard, or banner that is
an official or commonly recognized depiction of the flag of the
United States or of this state and is capable of being flown from a
staff of any character or size. The term does not include a
representation of a flag on a written or printed document, a
periodical, stationery, a painting or photograph, or an article of
clothing or jewelry.
(c) It is an exception to the application of this section
that the act that would otherwise constitute an offense is done in
conformity with statutes of the United States or of this state
relating to the proper disposal of damaged flags.
(d) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 27, Sec. 1, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 42.14 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.