NRS 201.290: Desecration of Flags – Laws, Penalties, and Guidelines

Nothing embodies the spirit of the United States more than our flag. Throughout pivotal moments in our history, it has been raised as a symbol of hope, unity, and a powerful reminder of who we are as a nation.

There are iconic photos throughout history that represent how important our flag is to represent the United States. The most recent iconic photo we most likely think of is when the flag was raised by firemen over the pile after 9/11.

The flag stands as a powerful symbol of freedom and the core values of the United States for most Americans. Its significance is so profound that federal laws dictate proper handling and display of the flag. What many may not realize is that the flag is protected by both federal and local laws, ensuring it is safeguarded against acts of desecration.

These laws about the flag can be very confusing because federal law says one thing while Nevada state law says another. In most cases, unless extreme, prosecutors tend not to prosecute for desecration of the flag. However, offenses involving the flag are often linked to other crimes, which are typically prosecuted as criminal charges.

Both federal and state laws protect the flag and prohibit its desecration. If you are facing charges related to these offenses, it is crucial to seek legal counsel to understand your rights and the potential consequences.

Desecration of flag charges can lead to other more serious charges. It’s worth it to speak with an experienced lawyer to understand the consequences. If you have been charged with NRS 201.290, contact Nevada’s most experienced legal defense team, The Defenders.

Our staff will meet with you regarding the charges against you during a consultation. Our team will discuss your options and the possible outcomes you may face and what our team can offer you as your representative. Contact our office today to discuss your case for free.

What Does It Mean to Desecrate a Flag?

NRS 201.290 is the Nevada laws that pertain to the “Desecration of Flags.”

This includes the flag of the state of Nevada and the United States Flag. There are also federal laws (which we’ll go over below) regarding this issue that contradict the state laws. According to NRS 201.290 the following acts may qualify as desecration of the flag:

• Alternating a flag and then displaying it in a way that defames the flag in any way.
• Mutilating, trampling, or tearing down a flag in public
• Willfully or maliciously removing a flag that belongs to another
• Speaking ill or defaming the flag
• Defacing or defiling the flag

Even though these acts are considered criminal in the eyes of the law, most of the time prosecutors will not file charges against you for the NRS 201.290 violation.

You could, however, face other criminal charges that are easier to prosecute. For instance, tearing down someone else’s flag might lead to a charge of malicious mischief, as it involves vandalizing another person’s property. Malicious mischief is generally simpler to prosecute compared to a flag desecration charge under NRS 201.290, which is often dismissed on freedom of speech grounds.

What Are the Federal LAws Against Flag Desecration?

The Federal law that pertains to flag desecration is 18 U.S. Code 700, this prohibits knowingly or willfully mutilating, defacing, physically defiling, burning, maintaining on the floor or ground or tampering upon any flag of the United States.

This law was established in 1968 and the penalties can include fines and/ or imprisonment of no more than one year.

The Federal laws for desecration have been challenged at The Supreme Court many times with different decisions changing what is illegal under the Federal desecration laws and what is legal.

One such example is the Texas v Johnson case (1989) in which the Court held, 5–4, that burning the Flag of the United States was protected speech under the First Amendment to the U.S. Constitution, as doing so counts as symbolic speech and political speech.

What Is Flag Burning?

Flag burning is a particular sore spot when it comes to the law. This act alone can be very confusing in the legal system and also brings a lot of opinions and people with extreme beliefs on both sides.

The Supreme Court has ruled over the years that flag burning, while often seen as morally wrong, is not illegal. It is protected under federal Freedom of Speech laws, even though it may violate desecration laws. In short, burning a flag is legal because it is considered a form of free speech.

This issue is complex and bound to spark debate and concern. Many state laws conflict with federal law when it comes to flag burning. While most states prohibit the act, federal law, under the protection of Freedom of Speech, permits it. For example, in Nevada, flag burning is illegal, directly contradicting the federal ruling that recognizes it as a legal form of expression.

However, if you burn or desecrate a flag, you most likely won’t be charged or prosecuted under NRS 201.290. You may be charged with other crimes related to fire and safety.

If burning a flag endangers others’ property or safety, you could face additional criminal charges such as arson, reckless endangerment, or criminal mischief. These charges are often easier to prove and carry more severe consequences than flag desecration offenses. Depending on the extent of the damage caused, you could face significant fines and even imprisonment for these related offenses.

Common Defenses Against Flag Desecration Charges

Every person charged with a crime including flag desecration deserves a strong effective defense to fight the charges against them. Defense lawyers like The Defenders are experts at crafting a strategic defense to give you the best defense possible. Defense lawyers often rely on a variety of common strategies to challenge charges, tailoring their approach to the specifics of the case, the nature of the allegations, and the surrounding circumstances.

These are the most common defenses against NRS 201.290 Desecration of Flags:

First Amendment: Freedom Of Speech

Under the Freedom of Speech Amendment, it is not illegal to desecrate the flag. If a defense lawyer can demonstrate that your case falls under the First Amendment rather than the Desecration of Flag laws, your case could be dismissed. This is because the defendant’s use of the flag may be considered protected free speech, even if it is offensive to others.

Misconduct

Cases involving NRS 201.290 Desecration of Flags are often dismissed due to police misconduct. Law enforcement officials must follow strict procedures during investigations. If these procedures are not followed, any evidence collected may be thrown out by a judge, potentially leaving the prosecution without enough evidence to move forward with the case.

Insufficient Evidence

Prosecutors must prove your guilt beyond a reasonable doubt by presenting reliable evidence to support the charges. If the evidence is unreliable or fails to meet the required burden of proof, the defendant should be acquitted of the charges.

The Desecration Was Not Illegal

NRS 201.290 applies only to the United States Flag and the State Flag of Nevada. It does not include the flags of other countries or organizations, which means desecration of those flags is not governed by this law.

If you’re facing criminal charges, it’s crucial to contact an experienced criminal defense attorney as soon as possible. Achieving the best possible outcome requires you to take an active role in your defense by collaborating with your legal team to develop a strong strategy against the charges you’re up against.

Common Myths about the American Flag and Desecration

There are many myths about the desecration of the flag and the respect of the American Flag. Here are some common myths and the reality:

• Burning the American Flag is illegal: Burning the flag is considered symbolic speech and is protected under the First Amendment.
• You must destroy the flag if it touches the ground: While the flag should not touch the ground out of respect, it only needs to be destroyed if it is no longer suitable for display.
• Only a veteran’s coffin can be draped with the American Flag: It is common for veterans’ coffins to be draped with the flag, but this honor is not limited to veterans.
• The flag should never be used to cover a ceiling: This is true; the flag code explicitly states that it should not be used to cover a ceiling.

The Flag Code

The U.S. Flag Code, outlined in Title 4 of the United States Code, serves as the official guide for the proper display and handling of the American flag.

The code emphasizes respect and proper etiquette. This code is not enforceable by law and is considered advisory. The Flag Code is based on the belief that the American Flag “represents a living country and is itself considered a living thing” and it emphasizes respectful handling and display.

The flag code was originally published in 1923 and adopted by Congress in 1942.

Facing Criminal Charges in Nevada? The Defenders Can Help

The American flag and the State Flag of Nevada hold deep significance for many, evoking strong opinions and beliefs about their display, use, and meaning.

No matter how strongly you feel about the desecration of flags, once the law is involved, your opinion won’t change the reality that you could face criminal charges for actions you believe are within your rights.

Just because you believe you have the right to do what you want with a flag doesn’t mean that you won’t be charged with a criminal offense of NRS 201.290 or other related offenses.

The Defenders can come up with a strategic plan to get the criminal charges against you dismissed or reduced based on the evidence. Our team will outline what you can expect if we take your case.

We have been defending clients in Nevada for many years. Our team of expert lawyers have helped clients defend against all types of charges including DUI, Domestic Violence, Drug Possession, and other white collar crimes.

Contact our firm today to discuss your specific situation.