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SB 152 | 30th Legislature, First Regular Session

An Act prohibiting the desecration of the flag

Role of Senator O'Connor: Co-sponsor

Signed into law: May 17, 1971

View PDF of law as passed

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Senate Bill 152 AN ACT

RELATING TO STATE EMBLEMS; PROHIBITING THE DESE­CRATION OF THE FLAG, AND AMENDING SECTION 41-793, ARIZONA REVISED STATUTES.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 41-793, Arizona Revised Statutes, is amended to read:

41-793. DESECRATION, MUTILATION OR DEFILEMENT OF FLAG; PENALTY; FLAG DEFINED; EXCEP­TION

A. FOR THE PURPOSES OF THIS SECTION, "FLAG" MEANS ANY EMBLEM, BANNER OR OTHER SYMBOL, OF ANY SIZE, COMPOSED OF ANY SUBSTANCE OR REPRE­SENTED ON ANY SUBSTANCE, THAT EVIDENTLY PUR­PORTS TO BE THE FLAG OF THE UNITED STATES OF AMERICA OR OF THIS STATE.

*.- B. No person shall:

l. In any manner, LIKELY TO PROVOKE RETALIATION for exhibition or display, place OR CAUSE TO BE PLACED any word, figure, mark, picture, design, drawing or advertisement of any nature upon a flag, or expose OR CAUSE TO BE EXPOSED to public view a flag upon which there is printed, painted or otherwise produced, or to which there is attached, appended or annexed any word, figure, mark, picture, design, drawing or advertisement.

  1. Expose to public view, -&f- MANUFACTURE, sell, OFFER TO SELL, give or have in possession for any purpose, any article of merchandise, or receptacle for holding or carry ing merchandise, upon or to which there is PRINTED, PAINTED, placed or attached any flag, in order to advertise, call attention to, decorate, mark or dis­ tinguish the article or substance,- FOR THE PURPOSE LIKELY TO PROVOKE RETALIATION. NO person SHALL publicly CAST CONTEMPT UPON, MUTILATE, DEFACE, DEFILE, BURN, TRAMPLE OR OTHERWISE DISHONOR OR CAUSE TO BRING DISHONOR a flag IN A MANNER LIKELY TO PROVOKE RETALIATION.
  2. NO PERSON SHALL PUBLICLY CAST CONTEMPT UPON THE ARIZONA FLAG BY PHYSICALLY MUTILATING, DEFACING, DEFILING, BURNING, TRAMPLING, OR OTHERWISE DISHONORING OR CAUSING TO BRING DISHONOR UPON IT IN A MANNER LIKELY TO PROVOKE RETALIATION.
  3. ANY PERSON WHO VIOLATES ANY PROVISION OF SUBSECTIONS B, C OR D OF THIS SECTION IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE TH AN TWO THOUSAND DOLLARS, BY IMPRISONMENT IN THE COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BOTH.THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:

I. ANY ACT PERMITTED BY A STATUTE OF THE UNITE D STATES OF AMERICA.ANY ACT PERMITTED BY UNITED STATES MILITARY REGULATIONS.

ANY ACT WHERE THE UNITED STATES GOVERNMENT HAS GRANTED PERMISSION FOR THE USE OF SUCH FLAG.A NEWSPAPER, PERIODICAL, BOOK, PAMPHLET, CIRCULAR, CERTIFICATE, DIPLOMA, WARRANT, COMMISSION OF APPOINTMENT TO OFFICE, ORNAMENT, PICTURE, BADGE OR STATIONERY ON WHICH SHALL BE PRINTED, PAINTED OR PLACED SUCH FLAG AND WHICH IS DISCONNECTED FROM ANY ADVERTISEMENT FOR THE PURPOSE OF SALE, BARTER OR TRADE.

Sec. 2. EMERGENCY

To preserve the public peace, health and safety it is necessary that this act become immediately operative. It is therefore declared to be an emergency measure, to take effect as provided by law.

Approved by the Governor-May 17, 1971

Filed in the Office of the Secretary of State-May 17, 1971