Improper use of a flag is a Class A misdemeanor in Wisconsin. Contact Van Severen Law Office, S.C. to discuss representation: (414) 270-0202
Improperly using a flag in Wisconsin is a serious misdemeanor offense. Importantly, improper use of a flag does not refer to crimes related to destroying or damaging a flag. Instead, this offense focuses on advertisements and words placed onto flags, and flags used for advertising purposes. Importantly, this section doesn’t apply to flags depicted on written or printed documents, stationary, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on the depicted flag (and the flag is not connected with any advertisement).
This crime is a Class A misdemeanor. That means upon conviction, the defendant faces up to 9 months in jail, $10,000.00 in fines, or both. This is the most serious misdemeanor in Wisconsin. There is no mandatory minimum penalty, and prison is not a possibility when facing this charge alone. Although not a felony, this is certainly an incredibly serious criminal charge that can lead to life-altering consequences upon a conviction.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. We operate satellite offices throughout the state and represent defendants facing criminal charges throughout Wisconsin. If you’re facing charges for improper use of a flag, or any other misdemeanor or felony, contact us immediately for help. We’re available 24/7 at (414) 270-0202 and offer free initial consultations to potential clients.
Improper use of a flag – Section 946.06 of the Wisconsin Statutes
(1)Whoever intentionally does any of the following is guilty of a Class A misdemeanor:
(a) Places on or attaches to the flag any word, mark, design, or advertisement not properly a part of such flag; or
(b) Exposes to public view a flag upon which has been placed or attached a word, mark, design, or advertisement not properly a part of such flag; or
(c) Manufactures or exposes to public view an article of merchandise or a wrapper or receptacle for merchandise upon which the flag is depicted; or
(d) Uses the flag for commercial advertising purposes.
(2) This section does not apply to flags depicted on written or printed documents or periodicals or on stationery, ornaments, pictures, or jewelry, provided there are no unauthorized words or designs on such flag and provided the flag is not connected with any advertisement.
(3) In this section “flag” means anything that is or purports to be the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
As we previously discussed, this statute focuses on using the flag in advertisements. Let’s consider an example: a competing law firm wants to use the American flag in an advertisement. They take a Stars and Stripes flag and plaster their logo right in the middle of it. This certainly sounds like placing or attaching a “mark, design, or advertisement” on the flag. Obviously the logo isn’t normally a part of the flag. This example likely satisfies the definition of this crime, and could lead to criminal charges.
Are there jury instructions for this offense?
Jury instructions are important: they break down offenses into smaller parts that make legal analysis easier for jurors. They’re also important for plea hearings, consultations and discussions regarding crimes, and preparing for trial. Many crimes in Wisconsin are accompanied by jury instructions. Unfortunately that’s not the case for all of them, and that’s not the case for improper use of a flag.
But let’s consider some sample jury instructions. Importantly, these instructions may not be the ones used if you’re charged with this offense. They may not match official instructions (if they’re ever created), and they may not be the ones that you discuss with another criminal defense attorney. But they’ll likely be similar. Let’s consider section 946.06(1)(a) of the Wisconsin Statutes. Here’s what the jury instructions might look like:
Firstly, the defendant placed a word, mark, design, or advertisement on a flag;
Secondly, the word, mark, design, or advertisement is not properly a part of the flag;
Thirdly, the word, mark, design, or advertisement was placed on the Stars and Stripes, the United States shield, the United States coat of arms, the Wisconsin state flag, or a copy, picture, or representation of any of them.
Fourthly, the defendant did so intentionally.
In order to sustain a conviction against a defendant facing criminal charges, the prosecution must prove each of the elements (as decided by the trial court) beyond a reasonable doubt. Failing to do so cannot result in a conviction of the defendant.
What about offenses involving the destruction of the flag?
947.07 Causing violence or breach of the peace by damaging or destroying a U.S. flag.
(1) In this section, “flag” means a flag of the United States consisting of horizontal stripes, alternately colored red and white, and a union of any number of white stars on a blue field.
(2) Whoever destroys, damages, or mutilates a flag, or causes a flag to come into contact with urine, feces, or expectoration, with the intent to cause imminent violence or a breach of the peace under circumstances in which the actor knows that his or her conduct is likely to cause violence or a breach of the peace is guilty of a Class A misdemeanor.
Did you defecate on a flag with intent to cause imminent violence or a breach of the peace? This is the offense you’ll likely be charged with, rather than improper use of a flag.
Improper use of a flag is a Class A misdemeanor in Wisconsin. For a free initial consultation with any of our criminal defense lawyers, Contact Van Severen Law Office, S.C. at (414) 270-0202.
What should you do now? Contact Van Severen Law Office, S.C. for help.
We think that one of the best things to do when facing criminal charges in Wisconsin is to hire a criminal defense attorney. Some individuals defend themselves, and sometimes that goes well. But it’s our opinion that sometimes this leads to disaster. Do you understand all of your 1st Amendment rights? What about the 4th Amendment, the 5th Amendment, and the 6th Amendment? Perhaps you’re a legal hobbyist and you completely understand these concepts, but this is the work we do every single day. We know who the prosecutors on your case are. We’ve likely appeared before the judge in your case. We understand the total situation, and we fight passionately for our clients.
Improper use of a flag is a serious offense, but it does not need to be one that changes the rest of your life. Many situations involving this charge are based on oversights by the defendant. Perhaps you’re running your own business and took some graphic design work into your own hands. We understand, and we hope that many reasonable prosecutors will too.
Finally, you can reach us 24/7 at (414) 270-0202. Contact us today, let’s talk about your case, and let’s figure out how we can help.
