Wash. Rev. Code » Title 9 · Chapter 9.86
Revised Code of Washington

Wash. Rev. Code § 9.86.030 (2026)

Desecration of flag

✓ current as of May 2026
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(1) No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.86.010, by publicly mutilating, defacing, defiling, burning, or trampling upon the flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
[ 2003 c 53 s 48; 1969 ex.s. c 110 s 1; 1919 c 107 s 3; 1909 c 249 s 423; RRS s 2675-3.]

Notes:

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Notes of Decisions
Cited in 9 cases, 1970–1998 · leading case: Texas v. Johnson, 491 U.S. 397 (1989).
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Texas v. Johnson, 491 U.S. 397 (1989). · cites it 2× “2-488 (1988); Wash. Rev. Code § 9.86.030 (1988); W. Va.”
State v. Turner, 474 P.2d 91 (Wash. 1970). · cites it 6× “Uniform Flag Law, RCW 9.86.030. 1 *277 The amended information charged that the defendant, on May 12, 1967: did willfully and unlawfully and directly and indirectly aid, abet, assist, counsel, encourage, advise and induce another to publicly mutilate, deface, defile and defy a…”
Spence v. Washington, 418 U.S. 405 (1974). · cites it 2× “See Wash. Rev. Code § 9.86.030 , as amended. [1] Rather, the State relied on the so-called *407 "improper use" statute, Wash.”
State v. Kepiro, 810 P.2d 19 (Wash. Ct. App. 1991). · cites it 3× “3d 493 (1970) implied an element of intent under the Uniform Flag Law, former RCW 9.86.030. In that case, the court reversed Turner's conviction for flag desecration under former RCW 9.”
State v. Spence, 506 P.2d 293 (Wash. 1973). · cites it 6× “RCW 9.86.030. See State v. Turner, 78 Wn.”
State v. Janssen, 580 N.W.2d 260 (Wis. 1998). “2-488 (Michie 1996); Wash. Rev. Code Ann. § 9.86.030 (West 1998); W.”
State v. Hennings, 475 P.2d 926 (Wash. Ct. App. 1970). “…Law to include the requirement that desecration of the flag be committed by knowingly and publicly casting contempt. RCW 9.86.030.”
State v. Spence, 490 P.2d 1321 (Wash. Ct. App. 1971). · cites it 6× “[1, 2] The state does not contend the information charged defendant with desecrating the flag — flag desecration being prohibited by RCW 9.86.030 as amended. Had flag desecration been the intended charge, it would have been necessary to include an allegation, in substance or…”
State v. Claxton, 501 P.2d 192 (Wash. Ct. App. 1972). · cites it 3× “*599 The appeal questions whether his acts were a violation of RCW 9.86.030. That statute provides: No person shall knowingly cast contempt upon any flag, standard, color, ensign or shield, as defined in RCW 9.”
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