Lawmaker worries that new bill could apply to stealing flags on a cupcake

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A flag is a flag.

But a Senate panel agreed Thursday to make it so you’ll spend more time behind bars for stealing the Stars and Stripes.

On a 4-3 margin, the Judiciary Committee voted to make it a Class 6 felony to steal an American flag that is on display by a resident or business. That translates to a year in state prison and a fine of up to $150,000.

SB1009 is a major departure from existing laws that set the penalty for theft based on the value of the item stolen. So someone who takes property worth less than $1,000 faces up to six months in the county jail and a $2,500 fine.

But it wasn’t just the felony that bothered foes. It also is the fact that the enhanced penalty is reserved for only those who steal the U.S. flag.

Sen. John Kavanagh, R-Fountain Hills, the sponsor of SB1009, said that special treatment is justified.

He pointed out that his legislation imposes the felony penalty not on the theft of any American flag but only on one that is on display, versus one in a package in a store.