Is Stolen Valor a Federal Crime?
The concept of "stolen valor" refers to the act of falsely claiming to have received military decorations, awards, or other honors in order to deceive others. This can include claiming to have served in the military, or to have been awarded certain medals or commendations. Stolen valor is a serious issue that can be both illegal and unethical.
Is Stolen Valor a Federal Crime?
Yes, stolen valor is a federal crime in the United States. The Stolen Valor Act of 2005 makes it illegal to falsely represent oneself as having received the Medal of Honor, the Purple Heart, the Congressional Medal of Honor, the Distinguished Service Cross, the Silver Star, or any other decoration or award authorized by Congress for the United States Armed Forces. The act specifically states that it is illegal to "wear, manufacture, or obtain" any of these medals or awards for the purpose of "fraudulently" claiming to have received them.
What is Considered Stolen Valor?
The Stolen Valor Act defines stolen valor as the act of falsely claiming to have received a decoration or award authorized by Congress for the United States Armed Forces. This includes, but is not limited to:
- Falsely claiming to have received a medal or award
- Wearing a medal or award that was not earned
- Manufacturing or selling fake medals or awards
- Using someone else’s military decorations or awards without permission
Consequences of Stolen Valor
The consequences of stolen valor can be severe. In addition to criminal charges, individuals who are found to have committed stolen valor can also face:
- Loss of reputation and credibility
- Damage to their professional and personal relationships
- Legal penalties, including fines and imprisonment
- Disqualification from government benefits, such as veterans’ benefits
Federal Statutes and Penalties
The Stolen Valor Act of 2005 is enforced by the United States Secret Service, which is responsible for investigating and prosecuting stolen valor cases. Under the act, individuals can be charged with a felony and face up to 6 months in prison, a fine of up to $5,000, or both.
Statute | Penalty |
---|---|
18 U.S.C. § 704(a) | Up to 6 months in prison, a fine of up to $5,000, or both |
18 U.S.C. § 704(b) | Up to 1 year in prison, a fine of up to $10,000, or both |
Proving Stolen Valor
To prove stolen valor, prosecutors must show that the individual in question intentionally and falsely claimed to have received a decoration or award. This can be done through a variety of methods, including:
- Testimony from witnesses who knew the individual
- Documents or records that show the individual did not receive the decoration or award
- Physical evidence, such as the medal or award itself
- Video or photographic evidence of the individual wearing or displaying the medal or award
Defenses Against Stolen Valor Charges
While stolen valor is a serious offense, there are some defenses that may be available to individuals charged with the crime. These may include:
- Lack of intent: If the individual did not intend to falsely claim to have received a decoration or award, they may be able to avoid conviction.
- Lack of knowledge: If the individual did not know that the decoration or award was unauthorized, they may be able to avoid conviction.
- Duress: If the individual was forced or coerced into claiming to have received a decoration or award, they may be able to avoid conviction.
Conclusion
Stolen valor is a serious federal crime that can have severe consequences for those who commit it. It is important to understand what constitutes stolen valor and the consequences of being found guilty. If you are facing stolen valor charges, it is important to seek the advice of an experienced criminal defense attorney to discuss your options and build a strong defense.