Are Military Medals or Decorations Illegal To Sell?
Let's explore Title 18 U.S. Code § 704, a significant federal law that addresses the illegal sale or false claims regarding military medals or decorations.
The federal government deeply respects the tradition of awarding medals and decorations to American servicemen and women who demonstrate exceptional service and bravery in the line of duty, fostering a sense of pride and responsibility in honoring their sacrifices.
Title 18 U.S. Code 704 was enacted to preserve the dignity and integrity of military honors.
It functions as a deterrent, preventing actions that could diminish the significance of these symbols of bravery and sacrifice.
Selling or misrepresenting military medals or decorations without proper authorization is a serious federal offense that can result in up to one year of imprisonment, underscoring the importance of understanding these legal restrictions.
What Does Section 704(a) Say?
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 Is Covered by the Law?
Under 18 U.S.C. 704, it is a federal offense to perform certain actions involving military medals or decorations.
The law, originally enacted in 1948 and amended several times since-including by the 2005 Stolen Valor Act and 2013 revisions-criminalizes behaviors related to military medals and decorations.
- Selling military medals is illegal. It is prohibited to sell or try to sell any military decoration or medal, whether authentic or fake, covering all military honors, including service medals and prestigious awards such as the Medal of Honor.
- Falsely claiming military medals for personal benefit is illegal. It targets those who, with intent to gain money, property, or benefits, falsely assert they have received military honors. This mainly applies to individuals seeking advantages in employment, contracts, or public positions through unearned military recognition.
- The law also makes it illegal to produce or distribute military medals and decorations without authorization.
The term' combat badge' includes awards such as the Combat Infantryman's Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, and Combat Action Medal, clarifying the scope of protected decorations.
What Evidence Is Required for a Conviction?
To obtain a conviction under 18 U.S. Code § 704, the prosecution is required to establish several essential elements beyond a reasonable doubt.
- You engaged in a prohibited activity: purchasing, selling, or trading authentic or counterfeit military medals, creating fake medals, or falsely claiming to have received a medal or decoration.
- You did so intentionally: You knowingly participated in the forbidden actions, aware that you were selling or misrepresenting a military medal.
- You acted with criminal intent, aiming to deceive or mislead others about their right to the medal. This element is essential, as it distinguishes deliberate fraud from simple errors or misunderstandings.
What are Related Federal Statutes?
Chapter 33 of 18 U.S. Code, covering Emblems, Insignia, and Names, includes several related federal statutes, such as:
- 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 a 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 Violations?
The penalties for violating Section 704 should not be underestimated. They vary based on the particular offense and can carry significant consequences for the offender.
- For buying, selling, or trading military medals: if you're convicted of illegal transactions, you could face up to six months in federal prison or a fine. Suppose the medal involved is the Congressional Medal of Honor or another prestigious award, such as the Purple Heart or the Navy Cross. In that case, the penalty rises to a maximum of one year in prison.
- Claiming military medals falsely to gain benefits can lead to up to one year in federal prison and hefty fines.
What are the Common Defenses?
If you are charged under U.S.C. 704, a skilled federal criminal defense attorney can assist you in identifying the most effective defense strategies for your case. Typical defenses include:
- Lack of Knowledge: One common defense to this charge is lack of knowledge or intent. For instance, selling a military medal without knowing it's authentic or falsely claiming military honors without intent to profit may be defenses. The prosecution must prove you knowingly violated the law; if they can't, charges may fail.
- No Intent of Receiving Benefits: In the 2012 case United States v. Alvarez, the U.S. Supreme Court decided that making false claims about military service without intending to obtain tangible benefits is protected speech under the First Amendment. This ruling led to a 2013 revision of the law, which clarified that false representation must aim to secure financial gain or other tangible benefits.
Lying about receiving military medals is not always criminal. If your lawyer can demonstrate that you gained no financial or material benefit from lying about your decorations, this could result in a case dismissal or a not guilty verdict.
Contact Eisner Gorin LLP, our federal criminal defense law firm in Los Angeles, California, for additional details.
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