“Stolen valor” refers to the act of falsely claiming military service or honors. While this behavior is dishonorable, its legality can be complex. This article explains the federal and state laws in Nevada that make certain acts of stolen valor a crime, clarifying what actions are prohibited and their consequences.
Understanding the Federal Stolen Valor Act
A nationwide law, the Stolen Valor Act of 2013, addresses fraudulent claims of military decorations. This federal law makes it a crime to lie about having received specific military honors with the intent to gain a tangible benefit, such as money, property, or employment.1Congress.gov. H.R.258 – Stolen Valor Act of 2013 The law was written to focus on fraud, a distinction from a previous version that was struck down on free speech grounds.
The Act, found in U.S. Code Title 18, Section 704, does not prohibit merely lying about military service. It targets those who fraudulently represent themselves as recipients of high awards for valor, and the element for prosecution is the intent to deceive for personal gain. This focus on intent separates criminal acts from simple false statements. The specified awards include:
- Medal of Honor
- Distinguished Service Cross
- Navy Cross
- Air Force Cross
- Silver Star
Stolen Valor Laws Specific to Nevada
In addition to the overarching federal law, Nevada has its own statute that addresses stolen valor. This means that individuals in Nevada can face legal consequences at both the state and federal levels for fraudulent military claims. The state’s approach provides an additional layer of legal accountability for those who misrepresent military service for personal advantage.
Nevada law specifically criminalizes the act of misrepresenting oneself as a veteran to obtain benefits or advantages reserved for those who have served, such as state-specific benefits or employment preferences. Committing such an act is classified as a gross misdemeanor.2Justia Law. Nevada Revised Statutes § 205.412 – Stolen Valor
Actions Considered Stolen Valor
For an act of stolen valor to be a crime under federal law, it must involve a fraudulent claim about receiving a specific military medal with the intent of gaining a tangible benefit. An example is an individual wearing an unearned Purple Heart to a fundraiser to elicit donations. Another instance could involve fabricating military documents asserting receipt of a Silver Star to secure a job that gives hiring preference to decorated veterans.
Simply telling someone at a social gathering that you were a decorated war hero, while dishonest, would not likely trigger federal prosecution without seeking money, property, or something of value. However, using that same lie on an application for a grant or a loan program for veterans crosses into criminal conduct.
State law in Nevada also applies to these scenarios. For instance, falsely claiming veteran status on a state government application to receive a business license fee waiver is a direct violation. These laws target fraudulent acts that result in an unearned material benefit, not all false boasts.
Penalties for Stolen Valor in Nevada
The consequences for violating stolen valor laws depend on whether the charge is federal or state-level. Under the federal Stolen Valor Act, a conviction is a misdemeanor. A person found guilty can face a fine and imprisonment for up to one year.
The federal penalty is influenced by the specific medal involved. If the lie concerns the Medal of Honor, the maximum imprisonment can be up to one year. For other specified awards, such as the Purple Heart or Silver Star, the maximum term of imprisonment is up to six months, plus potential fines.
At the state level, Nevada classifies stolen valor as a gross misdemeanor under Nevada Revised Statutes 205.412. A conviction can result in a jail sentence of up to 364 days and a fine of up to $2,000.3Justia Law. Nevada Revised Statutes § 193.140 – Punishment of Gross Misdemeanors A court may also order the defendant to pay restitution to any victims who suffered financial loss due to the fraud.