Stolen Valor Act of 2011

Stolen Valor Act of 2011 - Amends the federal criminal code to subject an individual who, with intent to obtain anything of value, knowingly makes a misrepresentiation regarding his or her military service to: (1) a fine, one year's imprisonment, or both if the misrepresentation is that such individual served in a combat zone or in a special operations force or was awarded the Congressional Medal of Honor; and (2) a fine, six months' imprisonment, or both, in any other case.

Provides that: (1) this Act shall not apply to a misrepresentation that an individual did not serve in the Armed Forces, and (2) it is a defense to prosecution that the thing of value is de minimis.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1728

To amend title 18, United States Code, to establish a criminal offense 
         relating to fraudulent claims about military service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2011

  Mr. Brown of Massachusetts introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to establish a criminal offense 
         relating to fraudulent claims about military service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stolen Valor Act of 2011''.

SEC. 2. ESTABLISHMENT OF CRIMINAL OFFENSE RELATING TO CERTAIN 
              MISREPRESENTATIONS ABOUT MILITARY SERVICE.

    (a) Misrepresentations About Military Service.--Chapter 47 of title 
18, United States Code, is amended by adding at the end the following 
new section:
``Sec. 1041. Certain misrepresentations about military service.
    ``(a) Offense.--Whoever, with intent to obtain anything of value, 
knowingly makes a misrepresentation regarding his or her military 
service, shall--
            ``(1) if the misrepresentation is that such individual 
        served in a combat zone, served in a special operations force, 
        or was awarded the Congressional Medal of Honor, be fined under 
        this title, imprisoned not more than 1 year, or both; and
            ``(2) in any other case, be fined under this title, 
        imprisoned not more than 6 months, or both.
    ``(b) Exception for Denial of Service.--Subsection (a) does not 
apply to a misrepresentation that an individual did not serve in the 
Armed Forces of the United States.
    ``(c) Defense.--It is a defense to a prosecution under this section 
if the thing of value is de minimis.
    ``(d) Definitions.--In this section:
            ``(1) Armed forces of the united states.--The term `Armed 
        Forces of the United States' means the Army, Navy, Air Force, 
        Marine Corps, and Coast Guard, including the reserve components 
        named in section 10101 of title 10.
            ``(2) Combat zone.--The term `combat zone' has the meaning 
        given such term in section 112(c)(2) of the Internal Revenue 
        Code of 1986.
            ``(3) Congressional medal of honor.--The term 
        `Congressional Medal of Honor' has the meaning given such term 
        in section 704 of this title.
            ``(4) Military service.--The term `military service' 
        means--
                    ``(A) service in the Armed Forces of the United 
                States;
                    ``(B) service in a combat zone as a member of the 
                Armed Forces of the United States;
                    ``(C) attainment of a specific rank in the Armed 
                Forces of the United States; and
                    ``(D) receipt of--
                            ``(i) any decoration or medal authorized by 
                        Congress for the Armed Forces of the United 
                        States;
                            ``(ii) any of the service medals or badges 
                        awarded to members of such forces; or
                            ``(iii) the ribbon, button, or rosette of 
                        any such badge, decoration, or medal.
            ``(5) Special operations force.--The term `special 
        operations force' has the meaning given such term in section 
        167(i) of title 10.''.
    (b) Conforming Amendments.--Section 704 of title 18, United States 
Code, is amended--
            (1) by striking subsection (b);
            (2) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (3) in subsection (b)(1), as redesignated by paragraph (2), 
        by striking ``or (b)''; and
            (4) in subsection (c), as redesignated by paragraph (2), by 
        striking ``or (b)''.

SEC. 3. CLERICAL AMENDMENT.

    The table of sections at the beginning of chapter 47 of title 18, 
United States Code, is amended by adding at the end the following new 
item:

``1041. Certain misrepresentations about military service.''.
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