Stealing an American flag would be a felony under Kavanagh bill

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Stealing an American flag could soon be a felony in Arizona.

Sen. John Kavanagh, R-Fountain Hills, pre-filed a bill on Tuesday to treat the Stars and Stripes just as Arizona law treats firearms and pets when it comes to stolen goods.

Theft of any property worth less than $1,000 is a class 1 misdemeanor, with two current exceptions — the theft of a firearm, or theft of a pet for the purposes of animal fighting. A third exception is made for robbing someone of goods on their person. Stealing either pets or guns is prosecutable as a class 6 felony.

Kavanagh’s bill would treat an American flag on display by its owner, whether it be on a flagpole at a home or being held up at a protest, the same.

Flags displayed for retail purposes are not included in the proposed law.

Like many of Kavanagh’s bills, the genesis of the legislation came from a story the senator heard: Someone called Kavanagh to complain that their flag was stolen while displayed outside their home, he said. Freedom of expression is an aggravating factor that warrants treating the theft of the American flag as more than a misdemeanor offense, he said.