The Stolen Valor Act of 2013 is a United States federal statute that criminalizes the act of falsely claiming, possessing, or wearing military decorations, medals, or badges with the intent to obtain money, property, or other tangible benefits. The law is codified at 18 U.S.C. § 704 and was enacted as part of the National Defense Authorization Act for Fiscal Year 2013.
Background
Prior to 2013, the United States had two statutes addressing false claims of military honors: the Stolen Valor Act of 2005, which made it a felony to falsely claim receipt of military decorations, and a related provision concerning false statements about military service. In United States v. Alvarez (2012), the Supreme Court held that the 2005 Act violated the First Amendment because it criminalized speech without a sufficiently narrow focus on fraud or deception that caused material harm. The Court emphasized that mere false statements about military service, without a specific intent to obtain something of value, are protected speech.
Legislative History
In response to the Alvarez decision, Congress drafted a revised statute that limited the prohibited conduct to false claims made with the intent to obtain tangible benefits. The revised bill, H.R. 187, passed the House of Representatives on April 23, 2013, with a vote of 317‑102, and the Senate on May 1, 2013, with a vote of 97‑1. It was incorporated into the National Defense Authorization Act for Fiscal Year 2013 and signed into law by President Barack Obama on October 1, 2013.
Provisions
The Act makes it a felony to:
- Knowingly and willfully make false statements or representations that the individual received a military decoration, medal, or badge; and
- Do so with the intent to obtain money, property, or any other tangible benefit.
Violations are punishable by up to one year of imprisonment, a fine of up to $100,000, or both. The statute applies to all branches of the United States Armed Forces and includes foreign military awards that are presented to U.S. service members.
Legal Interpretation and Enforcement
The Act’s narrowing to fraudulent intent aligns it with traditional fraud statutes, thereby satisfying the constitutional concerns identified in Alvarez. Since enactment, the Department of Justice has brought several prosecutions under the Act, typically involving individuals who sold memorabilia, solicited donations, or otherwise sought financial gain by falsely portraying themselves as decorated veterans.
Impact and Criticism
Advocacy groups for veterans, such as the American Legion and Veterans of Foreign Wars, have generally supported the Act, citing the harm that false claims cause to the reputation of legitimate service members. Civil liberties organizations, while acknowledging the constitutional correction, have expressed concern that the requirement to prove “intent to obtain a tangible benefit” may be difficult to establish, potentially limiting the statute’s effectiveness.
Related Legislation
- Stolen Valor Act of 2005 (repealed and superseded by the 2013 Act)
- 18 U.S.C. § 1001 (false statements)
See also
- Military awards and decorations of the United States
- Fraud statutes in United States law
References
- United States Code, Title 18, Section 704 (2013).
- United States v. Alvarez, 567 U.S. 517 (2012).
- National Defense Authorization Act for Fiscal Year 2013, Public Law 113‑6.