Flag-related offenses; creating felony offense and providing penalties. Effective date.
Summary
SB 780 creates a new felony offense related to the U.S. flag. Under the bill, a person commits the offense if they remove or take down the United States flag, standard, colors, or ensign from public property or from private property owned by another person or entity without permission, and then replace it with the flag of another entity. The bill defines the relevant flag terms by reference to existing Oklahoma law.
A conviction under the bill would be punishable by a fine of up to $3,000, imprisonment for up to three years in the custody of the Department of Corrections, or both. The measure is set to become effective November 1, 2025, and would be codified as a new section in Title 21 of the Oklahoma Statutes.
Impact
SB 780 would add a new criminal offense to Oklahoma’s penal code, expanding Title 21 with a felony provision specifically addressing unauthorized replacement of the U.S. flag on public or private property. It would affect individuals who alter flag displays without permission and would give prosecutors a new felony charge with specified fines and prison exposure. The bill does not appear to alter civil remedies or property law generally, but it would create a targeted criminal penalty for conduct involving flag substitution.
Sentiment
The available legislative history suggests generally favorable committee sentiment. The Senate Public Safety Committee reported the bill do pass on February 11, 2025, by a 6-2 vote, indicating majority support but not unanimity. No committee transcript is available, so the record does not show detailed debate, but the vote suggests the bill was viewed positively by most committee members while drawing some opposition.
Contention
The main point of contention appears to be whether the conduct described should be treated as a felony and whether criminal penalties are appropriate for flag-related conduct on either public or private property. Supporters likely view the bill as protecting the U.S. flag and preventing unauthorized replacement of it, while opponents may be concerned about free-expression implications, the breadth of the prohibition, or the severity of felony punishment for symbolic conduct. The 6-2 committee vote indicates some disagreement, though no specific objections are documented in the provided materials.
Crimes and punishments; relating to animal cruelty; creating misdemeanor and felony offenses; modifying scope and penalty of certain felony offense. Effective date.