![iowa man sentaced to 16 years for burning gay pride flag iowa man sentaced to 16 years for burning gay pride flag](https://d.newsweek.com/en/full/1642943/lgbt-pride-flag.jpg)
He stole and destroyed someone else’s property. He could have been sentenced to approximately 25 years in prison for burning an LGBTQ Pride flag.ĭon’t get me wrong, he violated the law. This is insane and it could have been worse. Reckless use of fire with the habitual offender classification (requires two felony convictions) and enhancement carries a sentence of anywhere between three and 15 years in prison. This is the equivalent of a class C felony which carries a sentence of up to 10 years in prison.
![iowa man sentaced to 16 years for burning gay pride flag iowa man sentaced to 16 years for burning gay pride flag](https://arc-anglerfish-washpost-prod-washpost.s3.amazonaws.com/public/P5H7EV5COVEMXOYGOIJTGCPDJI.jpg)
The arson charge, with the hate crime designation, means the third degree arson offense is punished one degree higher. This would amount to a maximum of three years and 30 days in jail without the “hate crime” and “habitual offenses” enhancements. Third-degree harassment is a simple misdemeanor punishable by up to 30 days in jail, a fine of $65 to $625, or both. Reckless use of fire is a serious misdemeanor punishable by up to one year in jail and a fine of between $315 and $1,875. Ordinarily, third degree arson is a aggravated misdemeanor up to two years in jail and a fine of between $625 and $6,250. The hate crime designation and his habitual offenses exasperated the sentence. In the Iowa Code, “ hate crime” refers to specific public offenses when committed against a person or a person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability, or the person’s association with a person of a certain race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability.” Story County Attorney Jessica Reynolds told The Des Moines Register that she added the hate crime charge because what the church’s flag “represents as far as sexual orientation” and his actions represented “criminal mischief.” He stole the flag that was displayed outside the Ames United Church of Christ and burned it outside the Dangerous Curves Gentleman’s Club early the morning of June 11th.Ī jury convicted Martinez last week of third-degree arson in violation of individual rights - hate crime, third-degree harassment, and reckless use of fire as a habitual offender. A 30-year-old man from Ames, Iowa, Adolfo Martinez, was convicted and sentenced to 16 years in prison for stealing and setting fire to an LGBTQ Pride flag in June.