meh Wrote:
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> Va Law States... Wrote:
> --------------------------------------------------
> -----
> > § 18.2-488. Mutilating, defacing, etc.
> >
> > No person shall publicly burn with contempt,
> > mutilate, deface, defile, trample upon, or wear
> > with intent to defile any such flag, standard,
> > color, ensign or shield.
> >
> > (Code 1950, § 18.1-425; 1960, c. 358; 1968, c.
> > 349; 1975, cc. 14, 15, 493.)
>
> Yeah, it's "illegal", but there's no penalty and
> you can't get arrested for it.
>
>
http://en.wikipedia.org/wiki/Texas_v._Johnson
>
Actually, you can be arrested for it, and it's a top-shelf misdemeanor, to boot!
§ 18.2-490. Penalty.
Any violation of this article shall be punishable as a Class 1 misdemeanor.
Now, while it's quite likely that this law would be found invalid and a violation of your right to free speech, making this argument to a cop will get you exactly zero traction: he will happily toss your ass in the ADC where you can stew for a few hours or days while you wait for your case to come before a judge.
Additionally, I'd imagine they'd tack on a few charges like resisting arrest, disturbing the peace, or if you act like a big enough asshole, assaulting a police officer. Then you will be well and truly fucked, unless you've got the juice to hire a pricey private attorney, because a public defender isn't going to be inclined or able to do much of anything for your stupid self.