Stolen Valor law enacted

Stolen Valor law enacted

This bill would make the knowing misrepresentation of oneself as a veteran or member of the military for the purpose of obtaining money, property or another benefit by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United Armed Forces or the organized militia a crime of the third degree, with a mandatory minimum fine of $1,000.  At present, State law makes it a crime of the fourth degree to knowingly present oneself as a veteran or a member of the military with the intent to deceive, but not necessarily for the purpose of obtaining any kind of benefit, by wearing a military uniform or medal or insignia.

     Additionally, this bill would make false statements regarding oneself as a recipient of any decoration or medal of the United States Armed Forces or organized militia for the purpose of obtaining money, property or another benefit a crime of the third degree, with a mandatory minimum fine of $1,000.  State law does not presently prohibit false statements of military or veteran status.

     Federal law prohibits both the unauthorized wearing of a military uniform or any distinctive part thereof and false statements as to receipt of military decorations or medals for the purpose of obtaining money, property, or some other tangible benefit.

     Any fines collected under this bill would be dedicated to the Military Dependents Scholarship Fund, which would be established by Assembly, No.2489 and Senate, No.1812, currently pending before the Legislature.  The fund would provide college scholarships to the spouses and children of those killed, missing in action or disabled in Operation Noble Eagle, Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn. Until such time as the Military Dependents Scholarship Fund is established, any fines collected under this bill would be dedicated to the “NJ National Guard State Family Readiness Council Fund,” to provide assistance to New Jersey National Guard members and their families affected by extended deployment during Operation Enduring Freedom and Operation Iraqi Freedom.

     This bill, designated as the New Jersey Stolen Valor Act, is in response to individuals attempting to obtain financial or other benefits for themselves by falsely stating or otherwise representing that they have certain military or veteran status.  These false representations demean those who have served in the military, and the perpetrators that illegally wear military attire debase military distinctions and awards.

N.J.S.38A:14-5 is amended to read as follows:

     38A:14-5.  Any person who knowingly, with intent to impersonate and with intent to deceive, misrepresents [himself] oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by Federal and State laws and regulations, shall be guilty of a crime of the fourth degree.

     Any person who knowingly, with intent to impersonate and with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by Federal and State laws and regulations, shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000.

     Any person who knowingly, with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, holds oneself out to be a recipient of any decoration or medal created by Federal and State laws and regulations to honor the members or veterans of the United States Armed Forces or the organized militia shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000.

     Any monies collected pursuant to this section shall be forwarded to the State Treasurer, and shall annually be appropriated to the Military Dependents Scholarship Fund, as established pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as Assembly, No.2849/Senate, No.1812 of 2014-2015), in the Higher Education Student Assistance Authority.  Until such time as the Military Dependents Scholarship Fund is established, any monies collected pursuant to this section shall be forwarded to the State Treasurer, and deposited into the “NJ National Guard State Family Readiness Council Fund,” as established, pursuant to section 1 of P.L.2011, c.117 (C.54A:9-25.29).  

(cf: P.L.2007, c.148, s.1)

     2.    This act shall take effect immediately.