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Stolen Valor Act of 2012

Stolen Valor Act of 2012

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Published by Jim Webb

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Published by: Jim Webb on Nov 14, 2012
Copyright:Attribution Non-commercial

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02/11/2014

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OLL12626 S.L.C.
112
TH
CONGRESS2
D
S
ESSION
 
S.
 ll 
To amend section 704 of title 18, United States Code.
IN THE SENATE OF THE UNITED STATES
 llllllllll 
Mr. W 
EBB
(for himself and Mr. B
ROWN
of Massachusetts) introduced the fol-lowing bill; which was read twice and referred to the Committee on
 llllllllll 
A BILL
To amend section 704 of title 18, United States Code.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stolen Valor Act of 
4
2012’’.
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SEC. 2. FINDINGS.
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Congress find the following:
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(1) Because of the great respect in which mili-
8
tary service and military awards are rightfully held
9
 by the public, false claims of receiving such medals
10
or serving in the military are especially likely to be
11
 
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OLL12626 S.L.C.
harmful and material to employers, voters in decid-
1
ing to whom paid elective positions should be en-
2
trusted, and in the award of contracts.
3
(2) Military service and military awards are
4
held in such great respect that public and private
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decisions are correctly influenced by claims of her-
6
oism.
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(3) False claims of military service or military 
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heroism are an especially noxious means of obtaining 
9
something of value because they are particularly 
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likely to cause tangible harm to victims of fraud.
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(4) False claims of military service or the re-
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ceipt of military awards, if believed, are especially 
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likely to dispose people favorably toward the speak-
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er.
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(5) False claims of military service or the re-
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ceipt of military awards are particularly likely to be
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material and cause people to part with money or
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property. Even if such claims are unsuccessful in
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 bringing about this result, they still constitute at-
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tempted fraud.
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(6) False claims of military service or the re-
22
ceipt of military awards that are made to secure ap-
23
pointment to the board of an organization are likely 
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to cause harm to such organization through their ob-
25
 
3
OLL12626 S.L.C.
taining the services of an individual who does not
1
 bring to that organization what he or she claims,
2
and whose falsehood, if discovered, would cause the
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organization’s donors concern that the organization’s
4
 board might not manage money honestly.
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(7) The easily verifiable nature of false claims
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regarding military service or the receipt of military 
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awards, the relative infrequency of such claims, and
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the fact that false claims of having served in the
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military or received such awards are rightfully con-
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demned across the political spectrum, it is especially 
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likely that any law prohibiting such false claims
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 would not be enforced selectively.
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(8) Congress may make criminal the false claim
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of military service or the receipt of military awards
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 based on its powers under article I, section 8, clause
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2 of the Constitution of the United States, to raise
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and support armies, and article I, section 8, clause
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18 of the Constitution of the United States, to enact
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necessary and proper measures to carry into execu-
20
tion that power.
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SEC. 3. MILITARY MEDALS OR DECORATIONS.
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Section 704 of title 18, United States Code, is
23
amended to read as follows:
24

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