Sec. 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 Texas.
(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.
Structure Texas Statutes
Title 9 - Offenses Against Public Order and Decency
Chapter 42 - Disorderly Conduct and Related Offenses
Section 42.01. Disorderly Conduct
Section 42.03. Obstructing Highway or Other Passageway
Section 42.04. Defense When Conduct Consists of Speech or Other Expression
Section 42.05. Disrupting Meeting or Procession
Section 42.055. Funeral Service Disruptions
Section 42.06. False Alarm or Report
Section 42.0601. False Report to Induce Emergency Response
Section 42.061. Silent or Abusive Calls to 9-1-1 Service
Section 42.062. Interference With Emergency Request for Assistance
Section 42.08. Abuse of Corpse
Section 42.09. Cruelty to Livestock Animals
Section 42.091. Attack on Assistance Animal
Section 42.092. Cruelty to Nonlivestock Animals
Section 42.11. Destruction of Flag
Section 42.12. Discharge of Firearm in Certain Municipalities