Pretending to be a veteran is illegal under federal law in some situations and legal in others. The Stolen Valor Act of 2013 makes it a crime to falsely claim you received certain military decorations when you do so to obtain money, property, or another tangible benefit. Lying about military service with no attempt to gain anything of value is generally protected speech, even though most people find it offensive. The real legal exposure often comes not from the stolen valor law itself but from the fraud statutes that apply when a fake military story is used to cheat someone.
When the Lie Becomes a Federal Crime
The core federal statute is 18 U.S.C. § 704. Two things must both be true for a conviction: the claim must be false, and it must be made with intent to obtain money, property, or another tangible benefit.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations The penalty is a fine, up to one year in prison, or both.
The law covers a specific list of high-valor decorations. Fraudulently claiming any of these can trigger the criminal penalty:
- Congressional Medal of Honor
- Distinguished Service Cross
- Navy Cross
- Air Force Cross
- Silver Star
- Purple Heart
- Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal
Replacement or duplicate versions of these decorations are covered too.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations
A tangible benefit can take many forms: veteran discounts at stores, employment advantages, housing benefits, government services, or charitable donations solicited on the basis of the false claim. Prosecutors build their cases around whether the lie was the mechanism for obtaining something of real value.
What the Stolen Valor Act Does Not Cover
The statute does not criminalize claiming military service in general. It targets false claims about the listed decorations, and only when paired with intent to gain something tangible. Someone who tells strangers at a bar he was a Navy SEAL, without claiming a specific decoration and without trying to get anything for it, is not violating this law. Simply bragging about a medal you never earned, with no attempt to profit from the claim, also falls outside the statute’s reach.
This limit exists because of a 2012 Supreme Court decision. In United States v. Alvarez, the Court struck down the original 2005 version of the Stolen Valor Act in a 6-3 ruling, finding it an unconstitutional content-based restriction on speech because it criminalized false claims about military decorations without requiring any fraudulent purpose.2United States Courts. Holding – U.S. v. Alvarez Congress rewrote the law in 2013 to add the tangible-benefit requirement, which is why intent to gain is the hinge of every stolen valor prosecution today.
Other Federal Laws That Often Apply
The Stolen Valor Act is rarely the whole story. When someone fakes military credentials, several other federal statutes can come into play, and some carry far steeper penalties.
False Statements on Government Forms
Lying about military service on a federal job application, a security clearance form like the SF-86, or any other federal document falls under 18 U.S.C. § 1001. Knowingly making a materially false statement in any matter within the jurisdiction of the federal government carries up to five years in prison, well above the stolen valor law’s one-year maximum.3Office of the Law Revision Counsel. 18 U.S. Code 1001 – Statements or Entries Generally
Wire Fraud and Mail Fraud
When someone uses fake military credentials to solicit donations, attract investors, or run a charity scam, prosecutors often add wire fraud or mail fraud charges. Those statutes carry up to 20 years in prison. In one recent case, a woman in New York who fabricated a military record including a false Purple Heart claim to solicit charitable donations pleaded guilty to both wire fraud and stolen valor offenses.4U.S. Department of Justice. Newburgh Woman Who Made Headlines for False Claims About Homeless Veterans Sentenced for Wire Fraud The wire fraud charge, not the stolen valor charge, drove the severity of the sentence.
VA Benefits Fraud
Fraudulently collecting Department of Veterans Affairs benefits is a separate federal crime under 38 U.S.C. § 6102. Obtaining VA payments with intent to defraud the United States carries up to one year in prison and a fine.5Office of the Law Revision Counsel. 38 USC 6102 – Fraudulent Acceptance of Payments The financial consequences reach further than prison. Under 38 U.S.C. § 6103, anyone who submits false documents in connection with a VA benefits claim forfeits all future rights and benefits under VA-administered programs, except insurance benefits.6Office of the Law Revision Counsel. 38 U.S. Code 6103 – Forfeiture for Fraud A real veteran who exaggerates a disability claim can lose benefits he would otherwise legitimately receive.
Veteran-Owned Business Fraud
The federal government sets aside certain contracts for veteran-owned and service-disabled veteran-owned small businesses. Falsely certifying a business under one of those designations to win government contracts is a crime under 15 U.S.C. § 645(d), punishable by a fine of up to $500,000, imprisonment for up to 10 years, or both.7Office of the Law Revision Counsel. 15 USC 645 – Offenses and Penalties The Small Business Administration can also debar the business from all federal contracting and refer the matter to its Inspector General.8eCFR. Part 128 – Veteran Small Business Certification Program This is one of the harshest penalty structures connected to fake veteran claims.
Wearing a Military Uniform Without Authorization
Federal law also restricts who may wear a military uniform. Under 10 U.S.C. § 771, no one other than a member of the armed forces may wear the uniform, or a distinctive part of the uniform, of any military branch.9Office of the Law Revision Counsel. 10 USC 771 – Unauthorized Wearing Prohibited The statute does not specify its own penalty, and standalone prosecutions are rare. In practice, unauthorized uniform wearing tends to become a factor in broader fraud or impersonation charges rather than a charge on its own.
State Stolen Valor Laws
Many states have passed their own stolen valor laws, and some go further than the federal version. These laws typically target the same core behavior: falsely claiming military service or honors to obtain money, benefits, or other advantages. Penalties vary. Some states treat violations as misdemeanors with penalties similar to the federal law; others classify them as more serious offenses carrying several years in prison.
State prosecutors sometimes have more appetite for these cases than federal prosecutors, whose caseloads rarely leave room for stolen valor investigations. If someone uses fake military credentials to obtain a veteran designation on a driver’s license, a property tax exemption, or a veteran license plate, state fraud charges can follow even when the federal Stolen Valor Act does not apply to the conduct.
Penalties at a Glance
The sentence you face for pretending to be a veteran depends on which law you violate and how far the deception goes:
- Stolen Valor Act (18 U.S.C. § 704(b)): up to one year in prison and a fine for falsely claiming a listed decoration to obtain a tangible benefit.1Office of the Law Revision Counsel. 18 USC 704 – Military Medals or Decorations
- False statements (18 U.S.C. § 1001): up to five years in prison for lying about military service on a government form.3Office of the Law Revision Counsel. 18 U.S. Code 1001 – Statements or Entries Generally
- Wire or mail fraud (18 U.S.C. § 1343): up to 20 years in prison for using fake military credentials in a fraud scheme.
- VA benefits fraud (38 U.S.C. § 6102): up to one year in prison, plus permanent forfeiture of future VA benefits under § 6103.5Office of the Law Revision Counsel. 38 USC 6102 – Fraudulent Acceptance of Payments
- Veteran-owned business fraud (15 U.S.C. § 645(d)): up to $500,000 in fines, 10 years in prison, and debarment from federal contracting.7Office of the Law Revision Counsel. 15 USC 645 – Offenses and Penalties
Prosecutors often stack charges. Someone who fabricates a military record to collect VA disability benefits, win a government contract, and solicit donations can face charges under multiple statutes at once. The Stolen Valor Act gets the headlines, but the real prison time usually comes from the fraud the fake military story was built to support.