A bill is moving through the Arizona Legislature which could lead to more jail time for stealing the American flag.
The Senate bill would make it a Class 6 Felony to steal an American flag that’s on display by a business or resident. That translates to a year in state prison and fine of up to $150,000.
The bill’s sponsor, Republican Senator John Kavanagh, said the stiff penalty is justified because when someone steals a flag, they’re also stealing a person’s First Amendment right.
Critics, like Democrat Martin Quezada, don't see it that way.
"Is it not also stealing somebody's First Amendment right to steal an LGBT pride flag or a flag of another nation who that individual's supporting because we are at war with them and they want to make a political statement, or a "don't tread on me'' flag," Quezada said.
There have been concerns about the wording of the bill, one Senator noted the way it is written, a person could face jail time for taking a flag stuck in a cupcake.
Despite that, the bill advanced to the full Senate.