Stolen Valor Act of 2013: Prohibited Conduct and Penalties

The Stolen Valor Act of 2013 is a federal law that makes it a crime to falsely claim you received certain high-level military decorations when you do so to obtain money, property, or another tangible benefit. Signed by President Obama on June 3, 2013, it replaced an earlier version the Supreme Court struck down for reaching too far into protected speech. A conviction carries up to one year in prison, a fine, or both.

What the Law Makes Illegal

Under 18 U.S.C. § 704(b), a prosecutor has to prove two things.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations First, the person falsely held themselves out as a recipient of a covered decoration. Second, they did so with the intent to obtain something of real value in return.

“Holds oneself out” is written broadly on purpose. It covers spoken claims, written statements, wearing unearned medals, and displaying fabricated citations or documentation. The medium doesn’t matter. What matters is that the person represented themselves as a recipient and did it to get a tangible payoff.

Lying about a Silver Star to impress people at a bar is not a federal crime under this statute. Putting a fake Medal of Honor citation on a résumé to land a job, or claiming a Purple Heart to qualify for veteran-specific benefits, is.

What Counts as a Tangible Benefit

The statute names money and property, then adds the catchall “other tangible benefit.”1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations That category can reach government grants set aside for decorated veterans, healthcare subsidies, housing preferences, and employment advantages. The controlling word is “tangible.” Social admiration, community respect, or applause at a public event do not qualify. If the benefit can’t be measured in economic terms, it falls outside the statute. That limit is what keeps the 2013 law constitutional: it targets fraud, not vanity.

Which Medals and Badges Are Covered

The law protects a specific list. Lying about a general service ribbon or a routine unit citation is not a federal crime under § 704(b), even if the lie is used for gain.

The Congressional Medal of Honor stands alone under 18 U.S.C. § 704(c)(2). The remaining decorations are listed in subsection (d)(1):1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations

  • Distinguished Service Cross
  • Navy Cross
  • Air Force Cross
  • Silver Star
  • Purple Heart

Subsection (d)(2) adds five combat badges that mark direct participation in ground combat or hostile action:

  • Combat Infantryman’s Badge
  • Combat Action Badge
  • Combat Medical Badge
  • Combat Action Ribbon
  • Combat Action Medal

If the decoration or badge isn’t on these lists, § 704(b) doesn’t apply.

Penalties

A conviction under § 704(b) carries up to one year in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations The one-year maximum makes it a Class A misdemeanor. For an individual, the fine can reach $100,000 under the general federal fine statute, or a court can impose a fine of up to twice the defendant’s gross gain from the fraud, or twice the victim’s gross loss, whichever is greater.2Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine Either way, the conviction leaves a permanent federal criminal record.

Charges must be filed within five years of the offense. Section 704 has no built-in limitations period, so the general five-year federal limit applies.3U.S. Department of Justice. Criminal Resource Manual 650 – Length of Limitations Period

A Separate Rule for Making, Selling, or Wearing Medals

Section 704(a) is a different provision that predates the 2013 amendments. It makes it a crime to manufacture, sell, trade, or purchase any military decoration authorized by Congress — including service medals, badges, ribbons, and imitations of them — unless authorized by regulation. This subsection doesn’t require proving intent to obtain a tangible benefit, and it applies to all military decorations, not just the narrow list in (c)(2) and (d). The penalty is lighter: up to six months in prison, a fine, or both.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations This is the piece of the statute aimed at vendors selling counterfeit medals or fake combat badges.

Why the 2013 Version Reads This Way

Congress first criminalized false claims about military awards with the Stolen Valor Act of 2005. That version made it a crime to falsely claim any military decoration, no matter the context or purpose. In June 2012, the Supreme Court struck it down in United States v. Alvarez, holding 6–3 that the law swept too broadly into protected speech because it reached any false statement, made anywhere, to anyone, with no requirement of financial gain.4United States Courts. Holding – U.S. v. Alvarez5Justia. United States v. Alvarez, 567 U.S. 709 (2012) The 2013 rewrite added the fraud requirement, which is why the current statute only reaches lies told to get something tangible.

Verifying an Award or Reporting a Fraud

Employers, veterans’ organizations, and anyone else who needs to confirm a person’s decorations can ask for a DD Form 214, the official Certificate of Release or Discharge from Active Duty. It lists all decorations, medals, badges, citations, and campaign awards the service member received, and it’s the standard record used to verify military service for jobs, benefits, and membership.6National Archives. DD Form 214 Discharge Papers and Separation Documents Veterans can request their own DD-214 through the National Personnel Records Center; third parties generally need the veteran’s written consent or a valid legal reason.

There is no single office that handles every stolen valor complaint. Where to report depends on the fraud. Benefit fraud against the VA goes to the Department of Veterans Affairs Office of Inspector General.7Department of Veterans Affairs Office of Inspector General. VA OIG Hotline Forged or altered military records held by the National Archives go to the NARA Office of Inspector General. The FBI investigates federal fraud cases more broadly, and each service branch has its own criminal investigative agency for cases involving current or retired members.8National Archives. Military Records Fraud Fact Sheet State or local police may also have jurisdiction if state fraud laws are in play.

State Laws Can Go Further

The federal statute isn’t the only law that may apply. A number of states have their own stolen valor laws, and some reach further than the federal version. Penalties vary widely, with maximum fines ranging from a few hundred dollars to several thousand. New Jersey, for example, treats military impersonation for financial gain as a third-degree crime carrying up to five years in prison. Anyone concerned about a specific situation should check the law in their state.