In the state of Nevada, there are laws prohibiting certain types of conduct that the state has determined is immoral conduct or is conduct that goes against public decency. The laws prohibiting indecent conduct are found in Title 15 of Nevada’s code, which is the part of the state code that deals with crimes and punishments. Different types of unlawful offenses are divided into different chapters within Title 15, and Chapter 201 is the chapter that deals with crimes against public morals and decency.
Within Chapter 201, offenses are further divided into subsections organized based on the specific nature of the crime. For example, there is a subcategory for obscenity related offenses and all of the statutes within that subsection relate specifically to obscenity offenses.
In Chapter 201, one of the subsections deals with the desecration of flags. Flags are provided with certain protections in Nevada law and if individuals defy the rules and behave in a prohibited and unlawful manner to desecrate flags, they can be charged with an offense under this subsection of Chapter 201 of Title 15. Defendants will need to understand how the law defines desecration of flags within Chapter 201 and will also need to understand both what a prosecutor has to prove to secure a conviction and how they can defend themselves against serious charges.
Defendants who want to maximize the chance of a favorable outcome – whether that outcome involves reduced penalties through a plea deal or an acquittal or getting charges dropped – should work with a Vegas defense attorney as soon as possible when they have been accused of wrongdoing or when they have been arrested for a criminal offense. It’s important for defendants to find an attorney familiar with handling cases similar to the crime with which they have been charged and to make sure their attorney is passionate about helping them to fight for their future.
Defendants accused of violating laws related to the desecration of flags can reach out to LV Criminal Defense for help. Our Vegas defense attorneys have provided representation to many defendants accused of all different offenses made illegal by Chapter 201 and we can put our extensive legal experience with these types of cases to work as we fight for you while you navigate the criminal justice system. Give us a call today to learn more about how we can help you to try to avoid conviction for desecrating a flag.
The subsection of Chapter 201 that addresses the crime of desecration of the flag contains Nevada Revised Statute section 201.290. This statute defines the offense of desecration of a flag and also provides information on exceptions when defendants cannot be charged with this offense and information on penalties that a defendant could face upon conviction for a violation of N.R.S. 201.290.
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According to N.R.S. 201.290, a defendant can be convicted of desecration of a flag if the defendant acts in any manner for exhibition or display to desecrate either a state flag of Nevada or the flag of the United States of America. A defendant could be considered to have desecrated the flag if he puts, or causes to be put, on the flag any inscription, design, symbol, portrait, device, name, advertisement, words, characters, marks or notice on the U.S. flag or the state flag. In addition, defendants could be convicted for putting such markings on anything purporting to be a flag of the state or the United States.
A defendant could also be considered to have desecrated the flag for putting any wares or merchandise upon the flag or for appending, annexing or affixing inscriptions, designs, symbols, devices, portraits, names advertisements, words, marks, notices, or tokens on the flag.
Publicly or willfully mutilating, trampling on, tearing down or willfully or maliciously putting up a flag that is owned by others is also considered desecration of a flag, as is slandering, defaming, or speaking evilly in a contemptuous matter of the flag.
Finally, a defendant who otherwise defaces either a flag or something purporting to the flag could also be considered to be in violation of N.R.S. 201.290.
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If a defendant breaks any of these rules and defaces either a U.S. flag or a flag of the state of Nevada, the defendant could be convicted of a misdemeanor offense. However, N.R.S. 201.290 makes clear that the law does not apply to flags or ensigns that are the property of the United States or that are used in service of the United States in circumstances where inscriptions, names, words, marks, or symbols are put onto the flag in accordance with the law or in accordance with authorized regulations.
It can be confusing to determine the circumstances under which you could be accused of desecrating a flag, and it is also important to realize that there are situations in which the First Amendment may be a defense when you have been accused of desecrating a flag. Because of the complexities associated with cases connected to the desecration of the flag and because of the serious potential penalties that you could face in connection with the desecration of a flag, you should make certain that you are represented by an experienced Nevada defense lawyer if you have been accused of desecrating a flag.
LV Criminal Defense can provide you with guidance as you face charges. We can be there for you from the time you come under investigation or the time of your arrest until your involvement in the criminal justice system ends. At every step, our compassionate and knowledgeable legal team will advise you on the best way to protect yourself to try to avoid conviction and serious penalties. To find out more about how a Vegas defense lawyer at our firm can help you if you’ve been accused of desecration of flags, give us a call today.