§ 704. Military medals or decorations

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 704

   June 25, 1948, ch. 645, 62 Stat. 732

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 732

2. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXII § 320109 · 108 Stat. 1796

   1. Amended · 18 U.S.C. § 704(a)

      Pub. L. 103–322, §§ 320109(2), 330016(1)(E), amended subsec. (a) identically

   2. Substituted · 18 U.S.C. § 704(a)

      Pub. L. 103–322, §§ 320109(2), 330016(1)(E), substituting “fined under this title” for “fined not more than $250”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322, §§ 320109(2), 330016(1)(E), amended subsec. (a) identically, substituting “fined under this title” for “fined not more than $250”.

   Enacted provision · exact public law section
   SEC. 320109. MILITARY MEDALS AND DECORATIONS. Section 704 of title 18, United States Code, is amended— (1) by striking “Whoever” and inserting (a) In General.— Whoever”; (2) by striking “not more than $250” and inserting “under this title”; and (3) by adding at the end the following new subsection: “(b) Congressional Medal of Honor.— “(1) In general.— If 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, the offender shall be fined under this title, imprisoned not more than 1 year, or both. “(2) Definitions.— (A) As used in subsection (a) with respect to a Congressional Medal of Honor, ‘sells’ includes trades, barters, or exchanges for anything of value. “(B) As used in this subsection, ‘Congressional Medal of Honor’ means a medal awarded under section 3741 of title 10”.

3. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320109(1) · 108 Stat. 1796

   1. Amended · 18 U.S.C. § 704(a)

      Pub. L. 103–322, § 320109(1), as amended by Pub. L. 104–294, § 604(b)(16)

   2. Amended · 18 U.S.C. § 704(a)

      Pub. L. 103–322, § 320109(1), as designated existing provisions as subsec. (a)

   3. Inserted · 18 U.S.C. § 704(a)

      Pub. L. 103–322, § 320109(1), as inserted heading

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 320109(1), as amended by Pub. L. 104–294, § 604(b)(16), designated existing provisions as subsec. (a) and inserted heading.

   Enacted provision · exact public law section
   (1) by striking “Whoever” and inserting (a) In General.— Whoever”;

4. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 320109(3) · 108 Stat. 1796

   Added · 18 U.S.C. § 704(b)

   Pub. L. 103–322, § 320109(3), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–322, § 320109(3), added subsec. (b).

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(b) Congressional Medal of Honor.— “(1) In general.— If 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, the offender shall be fined under this title, imprisoned not more than 1 year, or both. “(2) Definitions.— (A) As used in subsection (a) with respect to a Congressional Medal of Honor, ‘sells’ includes trades, barters, or exchanges for anything of value. “(B) As used in this subsection, ‘Congressional Medal of Honor’ means a medal awarded under section 3741 of title 10”.

5. 1994

   Pub. L. 103–442 · 108 Stat. 4630

   Inserted · 18 U.S.C. § 704(b)(2)(B)

   Pub. L. 103–442 inserted “, 6241, or 8741” after “3741”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 103–442 inserted “, 6241, or 8741” after “3741”.

6. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 604(b)(16) · 110 Stat. 3488

   Amended · 18 U.S.C. § 704(a)

   Pub. L. 104–294 amended Pub. L. 103–322, § 320109(1). See 1994 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–294 amended Pub. L. 103–322, § 320109(1). See 1994 Amendment note below.

   Enacted provision · exact public law section
   (16) Section 320109(1) of Public Law 103–322 is amended 18 USC 704. by inserting an open quotation mark before “(a) In General”.

7. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 553(e) · 115 Stat. 1012

   Amended · 18 U.S.C. § 704(b)(2)(B)

   Pub. L. 107–107 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “As used in this subsection, ‘Congressional Medal of Honor’ means a medal awarded under section 3741, 6241, or 8741 of title 10.”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 107–107 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “As used in this subsection, ‘Congressional Medal of Honor’ means a medal awarded under section 3741, 6241, or 8741 of title 10.”

   Enacted provision · exact public law section
   (e) Definition of Medal of Honor for Purposes of Federal Unauthorized-Use Crime.— Section 704(b)(2)(B) of title 18, United States Code, is amended to read as follows: “(B) As used in this subsection, ‘Congressional Medal of Honor’ means— “(i) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14; “(ii) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or “(iii) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.”.

8. 2006

   Stolen Valor Act of 2005

   Pub. L. 109–437 § 3(a) · 120 Stat. 3266

   Substituted · 18 U.S.C. § 704(a)

   Pub. L. 109–437, § 3(a), substituted “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” for “manufactures, or sells”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–437, § 3(a), substituted “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” for “manufactures, or sells”.

   Enacted provision · exact public law section
   (a) Expansion of General Criminal Offense.— Subsection (a) of section 704 of title 18, United States Code, is amended by striking “manufactures, or sells” and inserting “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”.

9. 2006

   Stolen Valor Act of 2005

   Pub. L. 109–437 § 3(b)(2) · 120 Stat. 3266

   Redesignated · 18 U.S.C. § 704(b)

   Pub. L. 109–437, § 3(b)(2), added subsec. (b). Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–437, § 3(b)(2), added subsec. (b). Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (2) by inserting after subsection (a) the following: “(b) False Claims About Receipt of Military Decorations or Medals.— Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.” ; and

10. 2006

    Stolen Valor Act of 2005

    Pub. L. 109–437 § 3(b)(1) · 120 Stat. 3266

    1. Redesignated · 18 U.S.C. § 704(c)

       Pub. L. 109–437, § 3(b)(1), (d)(1), redesignated subsec. (b) as (c)

    2. Inserted · 18 U.S.C. § 704(c)

       Pub. L. 109–437, § 3(b)(1), (d)(1), inserted “Enhanced Penalty for Offenses Involving” before “Congressional Medal of Honor” in heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–437, § 3(b)(1), (d)(1), redesignated subsec. (b) as (c) and inserted “Enhanced Penalty for Offenses Involving” before “Congressional Medal of Honor” in heading.

    Enacted provision · exact public law section
    (1) by redesignating subsection (b) as subsection (c);

11. 2006

    Stolen Valor Act of 2005

    Pub. L. 109–437 § 3(b)(3) · 120 Stat. 3266

    Inserted · 18 U.S.C. § 704(c)(1)

    Pub. L. 109–437, § 3(b)(3), inserted “or (b)” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 109–437, § 3(b)(3), inserted “or (b)” after “subsection (a)”.

    Enacted provision · exact public law section
    (3) in paragraph (1) of subsection (c), as redesignated by paragraph (1) of this subsection, by inserting “or (b)” after “subsection (a)”.

12. 2006

    Stolen Valor Act of 2005

    Pub. L. 109–437 § 3(d)(2) · 120 Stat. 3266

    1. Added · 18 U.S.C. § 704(c)(2)

       Pub. L. 109–437, § 3(d)(2), added par. (2)

    2. Struck · 18 U.S.C. § 704(c)(2)

       Pub. L. 109–437, § 3(d)(2), struck out former par. (2) which defined “sells” and “Congressional Medal of Honor”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–437, § 3(d)(2), added par. (2) and struck out former par. (2) which defined “sells” and “Congressional Medal of Honor”.

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following: “(2) Congressional medal of honor defined.— In this subsection, the term ‘Congressional Medal of Honor’ means— “(A) a medal of honor awarded under section 3741, 6241, or 8741 of title 10 or section 491 of title 14; “(B) a duplicate medal of honor issued under section 3754, 6256, or 8754 of title 10 or section 504 of title 14; or “(C) a replacement of a medal of honor provided under section 3747, 6253, or 8747 of title 10 or section 501 of title 14.” .

13. 2006

    Stolen Valor Act of 2005

    Pub. L. 109–437 § 3(c) · 120 Stat. 3266

    Added · 18 U.S.C. § 704(d)

    Pub. L. 109–437, § 3(c), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–437, § 3(c), added subsec. (d).

    Enacted provision · exact public law section
    (c) Enhanced Penalty for Offenses Involving Certain Other Medals.— Such section 704 is further amended by adding at the end the following: “(d) Enhanced Penalty for Offenses Involving Certain Other Medals.— If a decoration or medal involved in an offense described in subsection (a) or (b) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.” .

14. 2013

    Stolen Valor Act of 2013

    Pub. L. 113–12 § 2(a)(1) · 127 Stat. 448

    Struck · 18 U.S.C. § 704(a)

    Pub. L. 113–12, § 2(a)(1), struck out “wears,” after “Whoever knowingly”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–12, § 2(a)(1), struck out “wears,” after “Whoever knowingly”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “wears,”; and

15. 2013

    Stolen Valor Act of 2013

    Pub. L. 113–12 § 2(a)(2) · 127 Stat. 448

    Amended · 18 U.S.C. § 704(b)

    Pub. L. 113–12, § 2(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–12, § 2(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: “Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both.”

    Enacted provision · exact public law section
    (2) so that subsection (b) reads as follows: “(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.” .

16. 2013

    Stolen Valor Act of 2013

    Pub. L. 113–12 § 2(c) · 127 Stat. 448

    Struck · 18 U.S.C. § 704(c)(1)

    Pub. L. 113–12, § 2(c), struck out “or (b)” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–12, § 2(c), struck out “or (b)” after “subsection (a)”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 704 of title 18, United States Code, is amended in each of subsections (c)(1) and (d) by striking “or (b)”.

17. 2013

    Stolen Valor Act of 2013

    Pub. L. 113–12 § 2(b) · 127 Stat. 448

    1. Amended · 18 U.S.C. § 704(d)

       Pub. L. 113–12, § 2(b), designated existing provisions as par. (1)

    2. Inserted · 18 U.S.C. § 704(d)

       Pub. L. 113–12, § 2(b), inserted heading

    3. Inserted · 18 U.S.C. § 704(d)

       Pub. L. 113–12, § 2(b), inserted “a combat badge,” after “1129 of title 10,”

    4. Added · 18 U.S.C. § 704(d)

       Pub. L. 113–12, § 2(b), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 113–12, § 2(b), designated existing provisions as par. (1), inserted heading, inserted “a combat badge,” after “1129 of title 10,”, and added par. (2).

    Enacted provision · exact public law section
    (b) Addition of Certain Other Medals.— Section 704(d) of title 18, United States Code, is amended— (1) by striking “If a decoration” and inserting the following: “(1) In general.— If a decoration” ; (2) by inserting “a combat badge,” after “1129 of title 10,”; and (3) by adding at the end the following: “(2) Combat badge defined.— In this subsection, the term ‘combat badge’ means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.” .

18. 2013

    Stolen Valor Act of 2013

    Pub. L. 113–12 § 2(c) · 127 Stat. 448

    Struck · 18 U.S.C. § 704(d)(1)

    Pub. L. 113–12, § 2(c), struck out “or (b)” after “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 113–12, § 2(c), struck out “or (b)” after “subsection (a)”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 704 of title 18, United States Code, is amended in each of subsections (c)(1) and (d) by striking “or (b)”.

19. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(e)(1)(A)(i) · 132 Stat. 1636

    Substituted · 18 U.S.C. § 704(c)(2)(A)

    Pub. L. 115–232, § 809(e)(1)(A)(i), substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 115–232, § 809(e)(1)(A)(i), substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”.

    Enacted provision · exact public law section
    (i) by striking “section 3741, 6241, or 8741 of title 10” in subparagraph (A) and inserting “section 7271, 8291, or 9271 of title 10”;

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

20. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(e)(1)(A)(ii) · 132 Stat. 1636

    Substituted · 18 U.S.C. § 704(c)(2)(B)

    Pub. L. 115–232, § 809(e)(1)(A)(ii), substituted “section 7284, 8306, or 9284 of title 10” for “section 3754, 6256, or 8754 of title 10”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 115–232, § 809(e)(1)(A)(ii), substituted “section 7284, 8306, or 9284 of title 10” for “section 3754, 6256, or 8754 of title 10”.

    Enacted provision · exact public law section
    (ii) by striking “section 3754, 6256, or 8754 of title 10” in subparagraph (B) and inserting “section 7284, 8306, or 9284 of title 10”; and

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

21. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(e)(1)(A)(iii) · 132 Stat. 1636

    Substituted · 18 U.S.C. § 704(c)(2)(C)

    Pub. L. 115–232, § 809(e)(1)(A)(iii), substituted “section 7277, 8303, or 9277 of title 10” for “section 3747, 6253, or 8747 of title 10”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 115–232, § 809(e)(1)(A)(iii), substituted “section 7277, 8303, or 9277 of title 10” for “section 3747, 6253, or 8747 of title 10”.

    Enacted provision · exact public law section
    (iii) by striking “section 3747, 6253, or 8747 of title 10” in subparagraph (C) and inserting “section 7277, 8303, or 9277 of title 10”; and

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

22. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 809(e)(1)(B) · 132 Stat. 1636

    1. Substituted · 18 U.S.C. § 704(d)(1)

       Pub. L. 115–232, § 809(e)(1)(B), substituted “section 7272 of title 10” for “section 3742 of title 10”

    2. Substituted · 18 U.S.C. § 704(d)(1)

       Pub. L. 115–232, § 809(e)(1)(B), substituted “section 8292 of title 10” for “section 6242 of title 10”

    3. Substituted · 18 U.S.C. § 704(d)(1)

       Pub. L. 115–232, § 809(e)(1)(B), substituted “section 9272 of title 10” for “section 8742 of section 10”

    4. Substituted · 18 U.S.C. § 704(d)(1)

       Pub. L. 115–232, § 809(e)(1)(B), substituted “section 7276, 8294, or 9276 of title 10” for “section 3746, 6244, or 8746 of title 10”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–232, § 809(e)(1)(B), substituted “section 7272 of title 10” for “section 3742 of title 10”, “section 8292 of title 10” for “section 6242 of title 10”, “section 9272 of title 10” for “section 8742 of section 10”, and “section 7276, 8294, or 9276 of title 10” for “section 3746, 6244, or 8746 of title 10”.

    Enacted provision · exact public law section
    (B) in subsection (d)(1)— (i) by striking “section 3742 of title 10” and inserting “section 7272 of title 10”; (ii) by striking “section 6242 of title 10” and inserting “section 8292 of title 10”; (iii) by striking “section 8742 of section 10” and inserting “section 9272 of title 10”; and (iv) by striking “section 3746, 6244, or 8746 of title 10” and inserting “section 7276, 8294, or 9276 of title 10”.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

31 of 33 references resolved to an enrolled provision · 2 partial