Stolen Valor Act of 2013

Stolen Valor Act of 2013 is a United States federal law that criminalizes the fraudulent representation of having received certain military awards with the intent to obtain money, property, or other tangible benefit. Enacted on June 3, 2013, it is a narrower, revised version of the earlier Stolen Valor Act of 2005, which was largely struck down by the Supreme Court of the United States. The law specifically amends Title 18 of the United States Code, Section 704, to focus on fraudulent claims made for material gain, rather than on false statements alone.

Background and legislative history

The impetus for the 2013 Act stemmed directly from the Supreme Court's 2012 decision in United States v. Alvarez, which invalidated key provisions of the Stolen Valor Act of 2005 as a violation of the First Amendment. In that case, involving Xavier Alvarez, the Court held that merely lying about receiving military honors, such as the Medal of Honor, was protected speech. In response, legislators like Representative Joe Heck of Nevada and Senator Dean Heller drafted new language to address the constitutional deficiencies identified by the Supreme Court of the United States. The bill gained bipartisan support, passing both the House and the Senate with broad majorities before being signed into law by President Barack Obama.

Provisions of the Act

The Act makes it a federal crime to knowingly, with intent to obtain money, property, or other tangible benefit, fraudulently claim to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States. Covered awards specifically include high honors like the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, Purple Heart, and the Combat Infantryman Badge. The law also criminalizes the unauthorized wear, manufacture, or sale of these decorations. Penalties can include fines and imprisonment, with enhanced penalties for fraud involving the Medal of Honor.

Constitutional considerations and legal challenges

The 2013 Act was carefully crafted to survive strict scrutiny by focusing on fraud for tangible gain, a category of speech historically unprotected by the First Amendment, as established in precedents like Virginia v. Black. This distinguishes it from the 2005 law, which criminalized false statements irrespective of intent or benefit. Legal scholars from institutions like the UCLA School of Law have noted this shift aligns with traditional fraud statutes. To date, the revised Act has not faced a direct challenge before the Supreme Court of the United States, and lower courts, including the Tenth Circuit in United States v. Swisher, have upheld its constitutionality.

Impact and enforcement

Since its enactment, the Federal Bureau of Investigation and the Department of Justice have prosecuted numerous individuals under the Act. Notable cases often involve individuals using false claims of military heroism to secure benefits like government contracts, veterans' discounts, or public donations. Enforcement actions are frequently initiated based on tips from veterans' organizations like the American Legion or Veterans of Foreign Wars, as well as from media investigations. The Act has been used to target fraudulent fundraising schemes, such as those exploiting charities like the Wounded Warrior Project, and has been applied in conjunction with other federal laws like the Uniform Code of Military Justice.

Related legislation

The Stolen Valor Act of 2013 is part of a broader legislative history concerning military honors. It directly amended and superseded the invalidated Stolen Valor Act of 2005. Other related statutes include provisions within the National Defense Authorization Act and laws protecting specific symbols like the Medal of Honor. Internationally, similar laws exist, such as Canada's National Defence Act regarding the Canadian Victoria Cross. In the United States, state-level laws, like those in California and Florida, also address the fraudulent use of military insignia, often complementing the federal statute.

Category:United States federal criminal legislation Category:113th United States Congress Category:United States military awards and decorations