Stolen Valor Hour
As you may know, I’ve been teaching criminal law to undergraduate students at Chico State for the past couple of years. The class is learning about property crimes and during our discussion today of the crime larceny by trick someone brought up stolen valor.
Stolen valor generally refers to the act of falsely claiming military service, awards, medals, or any other military-related experience, with the intent to gain benefits, respect, or recognition. It's essentially lying about military accomplishments to falsely portray oneself as having served in the armed forces or received certain honors.
The question was asked whether or not a person can be charged with a crime for stealing valor. The answer, as always, is that it depends. In California, misrepresenting military service or awards — commonly known as "stolen valor" — can be illegal under state law. California Penal Code section 532b criminalizes fraudulent claims about military service and decorations. Key provisions of this law include:
Fraudulent Claims of Military Service: It's a misdemeanor to falsely claim to be a veteran or member of the U.S. Armed Forces, including the National Guard or reserves, with the intent to obtain money, property, or other tangible benefits.
False Representation of Military Decorations: It's a misdemeanor to falsely claim, orally or in writing, or to wear any military decoration, with the intent to defraud.
Impersonation for Personal Gain: Misrepresenting oneself as a member or veteran of the Armed Forces to promote a business, charity, or to gain employment advantages is also a misdemeanor.
Violations can result in penalties such as fines, imprisonment, or both, depending on the specifics of the offense. Key to any successful prosecution is proving intent to obtain a tangible benefit. This is because the Supreme Court of the United States ruled in 2012 that false statements, by themselves, are not categorically excluded from First Amendment protection, and that the government cannot make lying a crime just because it is offensive or dishonest, unless the lie causes real, legally cognizable harm.
After class I drove to Lowe’s to pick up some hardware for a storm screen that I’m building at my house. I noticed in the parking lot that Lowe’s has premium parking spaces reserved for veterans. I’m not a veteran and of course I asked myself: could I be prosecuted under Penal Code section 532b if I parked in one of those spots? What is the tangible benefit? A convenient parking spot? I’m not sure because the “tangible benefit” under 532b(k)(2) means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. Lowe’s reserved parking isn’t any of those things, right? Tricky tricky.
