State Codes and Statutes

State Codes and Statutes

Statutes > California > Mvc > 611-617

MILITARY AND VETERANS CODE
SECTION 611-617



611.  (a) "Flag," as used in this division, means the State Flag of
California and the Flag of the United States, as defined in this
section.
   (b) "State Flag of California" includes any flag, standard, color,
or ensign authorized by the laws of this state, and every picture or
representation thereof, of any size, made of any substance, or
represented on any substance evidently purporting to be any such
flag, standard, color, or ensign of this state, and every picture or
representation which shows the design thereof.
   (c) "Flag of the United States" includes any flag, standard,
colors, or ensign authorized by the laws of the United States or any
picture or representation of either, or of any part or parts of
either, made of any substance or represented on any substance, of any
size evidently purporting to be either of said flag, standard,
colors, or ensign of the United States of America, or a picture or a
representation of either, upon which shall be shown the colors, the
stars and the stripes, in any number of either thereof, or of any
part or parts of either, by which the average person seeing the same
without deliberation may believe the same to represent the flag,
standards, colors, or ensign of the United States of America.



612.  (a) The colors and standards carried by organizations of the
National Guard or Naval Militia shall be those which are carried by
similar organizations of the United States Army, Air Force, or Navy,
except that the regimental or battalion colors or standards may show
the state coat of arms, instead of the coat of arms of the United
States.
   (b) The Adjutant General may, pursuant to rules and regulations
adopted for the purpose, deliver to the members of the family of a
deceased member of the National Guard or of the State Military
Reserve the colors used during the disposition of the remains of the
deceased member according to the custom and usual practice of the
United States Army, Air Force, or Navy, which then become the
property of the members of the family.



613.  No military organization provided for by the Constitution and
laws of this State and receiving State support shall, while under
arms, either for ceremony or duty, carry any device, banner or flag
of any State or Nation except that of the United States or of this
State.



614.  A person is guilty of a misdemeanor who knowingly casts
contempt upon any Flag of the United States or of this state by
publicly mutilating, defacing, defiling, burning, or trampling upon
it.


615.  No provision of this code or of any law of this State which
makes unlawful the use of the flag of the United States or of this
State or of any picture or representation thereof shall apply to any
act permitted by the statutes of the United States or of this State
or by any regulations of the United States Army, or United States Air
Force, or United States Navy, nor shall it be contrued to apply to
any newspaper, periodical, book, pamphlet, circular, certificate,
diploma, warrant or commission of appointment to office, ornamental
picture, article of jewelry, or stationery for use in correspondence,
on which is printed, painted, or placed a flag with no design or
writing thereon and not connected with any advertisement.




616.  Any person who displays a red flag, banner, or badge or any
flag, badge, banner, or device of any color or form whatever in any
public place or in any meeting place or public assembly, or from or
on any house, building, or window as a sign, symbol, or emblem of
forceful or violent opposition to organized government or as an
invitation or stimulus to anarchistic action or as aid to propaganda
that advocates by force or violence the overthrow of government is
guilty of a felony.



617.  No other flag or pennant shall be placed above, or if on the
same level, to the right of the Flag of the United States of America,
except during church services, when the church flag may be flown.