Is Stolen Valor a Federal Criminal Offense now?

2021-07-16T13:04:51-04:00

I've seen some of the most horrendous cases of Stolen Valor here in Boise. Some are wearing BDUs with all the patches and ranks in all the wrong places. Even one that was wearing Desert BDU with a color Flag on the wrong arm. I thought that Stolen Valor was now a Crime but I cant find the Criminal Code for it. Any ideas?

Response by SSgt Christophe Murphy made Jul 16 at 2021 1:09 PM

2021-07-16T13:09:05-04:00

The Stolen Valor Act is a real thing and it is a publishable crime.

But with that said what you described isn’t necessarily Stolen Valor.

Wearing a jacket with patches just means you are wearing a jacket with patches.

You have to determine the intent of fraud among other things. Unless a State has their own Stolen Valor legislation there is a very narrow scope for what can be punished under the Stolen Valor Act.

https://www.google.com/amp/s/http://www.military.com/daily-news/2013/06/03/obama-signs-new-stolen-valor-act.html/amp

Obama Signs New Stolen Valor Act

President Obama on Monday signed into law the latest version of the Stolen Valor Act.

Response by SGM Erik Marquez made Jul 16 at 2021 3:24 PM

2021-07-16T15:24:46-04:00

Several states have a law that address the issue.
TEXAS
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the person; or
(C) has been revoked; and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business; or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code; 1
(ii) qualify for a veteran's employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state; or
(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.

Federal Law
"The Stolen Valor Act of 2013 (Pub.L. 113–12 (text) (pdf); H.R. 258) is a United States federal law that was passed by the 113th United States Congress. The law amends the federal criminal code to make it a crime for a person to fraudulently claim having received a valor award specified in the Act, with the intention of obtaining money, property, or other tangible benefit by convincing another that he or she received the award."

None of the laws state or federal I have seen would call wearing a uniform item in of itself "stolen Valor" nor should they.

Response by CPT Private RallyPoint Member made Jul 16 at 2021 5:03 PM

2021-07-16T17:03:49-04:00

If they aren't claiming awards they didn't earn and are not actively trying to use what they're wearing to get free/discounted things, it isn't "Stolen Valor". Additionally what you're describing is a uniform no longer in active use (BDU was retired when ACU came into service in the early 2000's) and people have been wearing old military clothing as fashion pretty much since its inception but especially anytime post WWII. SSgt Christophe Murphy gave an excellent link to the criminal code you're asking about. To my knowledge Idaho does not have a state level equivalent at this time, I don't believe it ever makes it out of committee when bills for Stolen Valor are presented in the state legislature due to 1st amendment concerns.

Response by SSG Private RallyPoint Member made Jul 16 at 2021 5:12 PM

2021-07-16T17:12:36-04:00

Over the past Few years its been getting worse in Virginia too. It seems everyone was a former SEAL or special warfare guy that got out. I have someone I just found out at work that has been lying about his service record, rank, and duty assignments. He said he was a former Master Sargent, Special Forces, and Task Force 160th Chinook crew chief. Trying to get someone to look into to his ERB and DD214 to find out the truth. I was informed he is lying and was medically retired as a E6 (SSG). I have no physical proof other than dates on his walls being off. Something seems very off in his stories. He has been to a Physicatric Hospital and Jail in the past few weeks. I asked the MPs if they could help since he is a Contractor and was denied any assistance by Provost Marshall office. This guy just got a SF tattoo (right shoulder) and Task Force mottoo (left shoulder) and has been "Retired" almost 8 years now? Too many oddities and holes in his stories that don't line up. In his garage has tons of I love me beautiful plaques and awards. The odd thing is the dates don't match and locations with his stories. To many discrepancies to not alert red flags. He is currently in jail for spouse abuse charges in civil court.

Response by SGM Steve Wettstein made Jul 17 at 2021 8:43 AM

2021-07-17T08:43:53-04:00

By law, if they are not monetarily gaining from it, it's not Stolen Valor.

Response by SSG James Stodola made Oct 13 at 2022 4:27 PM

2022-10-13T16:27:19-04:00

https://www.govinfo.gov/content/pkg/PLAW-113publ12/pdf/PLAW-113publ12.pdf

PLAW-113publ12.pdf