Let's examine the weighty federal law governing the illegal sale or false representation of military medals or decorations, as outlined in Title 18 U.S. Code 704.
Given the immense sacrifices made by American servicemen and women in the line of duty, the federal government upholds a profound respect for the awarding of medals and decorations to those who have shown exceptional service and valor in the military.
Title 18 U.S. Code 704 was enacted to protect the dignity and integrity of these military honors. It serves as a deterrent against any actions that could undermine the value of these symbols of bravery and sacrifice.
The unauthorized sale or misrepresentation of these symbols is not just a mere violation but a serious offense that undermines their significance and disrespects those who have rightfully earned them.
This is a federal crime, and if you're convicted under this statute, you could face up to a year in federal prison.
18 U.S.C. 704(a) says, "Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
(b) Fraudulent Representations About Receipt of Military Decorations or Medals.-
Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.
(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.-
Suppose a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor in lieu of the punishment provided in that subsection. In that case, the offender shall be fined under this title, imprisoned not more than 1 year, or both."
What Does the Law Cover?
18 U.S.C. 704 makes it a federal crime to engage in specific actions involving military decorations or medals.
The law was first enacted in 1948 but has since been amended, most notably with the Stolen Valor Act of 2005 and a subsequent revision in 2013. This statute criminalizes all of the following behaviors:
- Selling Military Medals: It is illegal for anyone to sell or attempt to sell any military decoration or medal, whether genuine or counterfeit. This applies to all military honors, from service medals to prestigious awards like the Medal of Honor.
- Falsely Representing Military Medals for Personal Gain: It is illegal to falsely represent oneself as having received any military decoration or medal with the intent to obtain money, property, or other tangible benefits. This provision primarily targets individuals who claim unearned military honors to gain advantages in areas like employment, contracts, or public office.
- Unauthorized Manufacture or Distribution: Under this statute, the unauthorized manufacture or distribution of military medals and decorations is also illegal.
The term "combat badge" means a Combat Infantryman's Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.
What Must Be Proven to Convict?
To secure a conviction under 18 U.S. Code § 704, the prosecution must prove several key elements beyond a reasonable doubt:
- You engaged in one of the prohibited behaviors: You bought, sold, or traded authentic or counterfeit military medals, manufactured false medals, or falsely claimed to have received a medal or decoration.
- You did so knowingly: You knowingly engaged in the prohibited conduct. This means that you were aware that you were selling or falsely representing a military medal.
- You did so with criminal intent: You had the intent to deceive or mislead others regarding their entitlement to the medal. This element is crucial, as it differentiates intentional fraud from mere mistakes or misunderstandings.
What are Related Federal Laws?
18 U.S. Code Chapter 33, Emblems, Insignia, and Names, has several related federal statutes, including the following:
- 18 U.S.C. 700 - Desecration of the flag of the United States; penalties.
- 18 U.S.C. 701 - Official badges, identification cards, and other insignia.
- 18 U.S.C. 702 - Uniform of Armed Forces and Public Health Service.
- 18 U.S.C. 703 - Uniform of a friendly nation.
- 18 U.S.C. 704 - Military medals or decorations.
- 18 U.S.C. 705 - Badge or medal of veterans' organizations.
- 18 U.S.C. 706 - Red Cross.
- 18 U.S.C. 706a - Geneva distinctive emblems.
- 18 U.S.C. 709 - False advertising or misuse of names to indicate Federal agency.
- 18 U.S.C. 710 - Cremation urns for military use.
- 18 U.S.C. 712 - Misuse of names, words, emblems, or insignia.
- 18 U.S.C. 713 - Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate, the seal of the United States House of Representatives, and the seal of the United States Congress.
- 18 U.S.C. 716 - Public employee insignia and uniform
What are the Penalties for Violating 18 U.S.C. 704?
The penalties for violating Section 704 are not to be taken lightly. They depend on the specific nature of the offense and can have serious implications for the offender.
- For Buying, Selling, Trading Military Medals: if you're convicted of illegally transacting military medals, you may face up to six months in federal prison or a fine. Suppose the medal in question was the Congressional Medal of Honor or one of several other distinguished honors (e.g., the Purple Heart or Navy Cross). In that case, the penalty increases to one year in prison.
- For False Representation for Personal Gain: If you are convicted of falsely claiming military medals for the purpose of obtaining tangible benefits, you face a potential sentence of up to one year in federal prison, along with significant fines.
What are the Common Defenses to 18 U.S.C. 704 Charges?
If you have been charged with a violation of U.S.C. 704, a knowledgeable federal criminal defense attorney can help you explore the most effective defense strategies for your situation. Common defenses are discussed below.
Lack of Knowledge or Intent. One of the most common defenses to a charge under this statute is lack of knowledge or intent. For example, suppose you sold a military medal without realizing it was an authentic decoration or falsely represented military honors without any intent to gain money or property. In that case, you may have a valid defense.
The prosecution must prove that you knowingly and intentionally violated the law, and if they cannot establish this element, the charges may not hold up in court.
No Intent of Receiving Material Benefits. In the 2012 case United States v. Alvarez, the U.S. Supreme Court ruled that making false claims about military service without the intent to gain tangible benefits is protected speech under the First Amendment. This decision prompted the 2013 revision of the law, which indicated that false representation must include the intent to receive financial gain or other tangible benefits.
As a result, simply lying about receiving military medals is not always a crime. If your attorney can show you had no financial or material gain to receive by lying about your decorations, this may lead to dismissal or acquittal.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
Related Content:
