Destruction of Flag

Chapter 42 of the Texas Penal Code defines disorderly conduct and other related charges.

“Destruction of Flag”, as per § 42.11 of the Texas Penal Code, occurs when a person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas.

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.

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.

An offense under this section is a Class A misdemeanor.

Punishment Range

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

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