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DESECRATION OF THE FLAG

RSA tit. LXII, ch. 646-A
in effect

RSA 646-A:1 Definitions.

646-A:1. Definitions. In this chapter: I. "Desecration" means the act of diverting from a sacred purpose or use to which a flag has been devoted by another individual or group of individuals. The act of desecration shall include burning, defacing, mutilating, destroying or trampling upon the flag. II. "Flag of the United States" means any flag that is the commonly accepted "stars and stripes" or that flag described in Executive Order #10834 of President Eisenhower, August 25, 1959, and succeeding attachments to such Executive Order. III. "Properly displayed" means any flag of the United States attached to a public or private building by means of a pole or any other attachment which renders the flag of the United States to be displayed according to commonly accepted flag etiquette; any flag of the United States displayed in a cemetery to mark a memorial or veteran's gravesite; any flag of the United States displayed for a certain period of time to mark a national holiday; any flag of the United States which is historic and is maintained in a display case for public viewing; or any flag of the United States displayed in accordance with Public Law 623, approved June 22, 1942 and amendments thereto. Source. 1990, 135:2, eff. April 19, 1990.

RSA 646-A:2 Desecration Prohibited.

646-A:2. Desecration Prohibited. I. It shall be unlawful to knowingly desecrate a flag of the United States while it is properly displayed. II. It shall be unlawful to knowingly desecrate a flag of the United States while it is the property of another. Source. 1990, 135:2, eff. April 19, 1990.

RSA 646-A:3 Destruction of a Worn Flag of the United States Allowed.

646-A:3. Destruction of a Worn Flag of the United States Allowed. When the flag of the United States is worn or frayed or torn or in such a condition that it is no longer a fitting emblem of the United States, it should be destroyed in a dignified manner, preferably by burning privately. Source. 1990, 135:2, eff. April 19, 1990.

RSA 646-A:4 Penalties.

646-A:4. Penalties. Whoever knowingly casts contempt upon the flag of the United States by desecrating the flag when it is properly displayed or is the property of another shall be guilty of a misdemeanor. Source. 1990, 135:2, eff. April 19, 1990.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LXII-646-A.htmFetched: 10/20/2026

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