US SB2079

Adds a mandatory minimum of 1 year imprisonment for using open flames or incendiary devices—including burning the U.S. flag—while committing federal offenses involving property damage, obstruction of government operations, or public endangerment

Defines "incendiary device" broadly to include any flammable object, accelerant, fire-starting mechanism, or apparatus intended to ignite fire, whether improvised or commercially manufactured

The enhanced penalty applies in addition to any other penalties authorized for the underlying federal offense

Includes a First Amendment carve-out stating the section does not apply to protected expressive symbolic conduct that does not involve criminal acts or threats to public safety

Introduced June 12, 2025 by Senators Hawley, Lee, and Marshall; referred to the Senate Judiciary Committee