united-states criminal-law property damages north-carolina
Charges for damaging a privately-owned Confederate Flag
<p>I have two questions. In North Carolina,</p>

<ol>
<li><p>Does the Confederate flag enjoy any special legal protections that would make damaging one (that doesn't belong to you) a more serious charge than damaging something else of equivalent monetary value?</p></li>
<li><p>What are the possible legal consequences for damaging somebody else's Confederate flag?</p></li>
</ol>

<p>1 - As far as I know, and IANAL, no flag of any type enjoys special protection under the law. Even the US "Flag Code", which was actually a U.S. Code chapter, was ruled unconstitutional.</p>

<p>2 - However, it is still obviously unlawful to destroy another's personal property of any sort. Like almost anything else in law, there are two angles, civil and criminal. In a civil suit, you could be ordered to pay damages to the aggrieved party, which would be equal to the actual value of the flag (compensatory damages) and possibly punitive damages. Criminally, it would be a violation of NC Gen. Stat. Chapter 14, Article 21, 14-160.</p>

<blockquote>
  <p>Willful and wanton injury to personal property; punishments.</p>
  
  <p>(a) If any person shall wantonly and willfully injure the personal property of another he 
  shall be guilty of a Class 2 misdemeanor.</p>
  
  <p>(b) Notwithstanding the provisions of subsection (a), if any person shall wantonly and 
  willfully injure the personal property of another, causing damage in an amount in excess of two 
  hundred dollars ($200.00), he shall be guilty of a Class 1 misdemeanor.</p>
  
  <p>(c) This section applies to injuries to personal property without regard to whether the 
  property is destroyed or not. (1876-7, c. 18; Code, s. 1082; 1885, c. 53; Rev., s. 3676; C.S., s. 
  4331; 1969, c. 1224, s. 14; 1993, c. 539, s. 105; 1994, Ex. Sess., c. 24, s. 14(c).)</p>
</blockquote>

<p>Since the flag would cost less than $200, this would be a Class 2 Misdemeanor - max fine $1000 + court costs and a max sentence of 30 days probation (no active confinement) assuming no record.</p>

<p>See <a href="http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-1340.23.html" rel="nofollow">NCGS Misdameanor Limits</a>.</p>
