Section 13A-8-10.5

Theft of valor.

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:

a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of Title 14 of the United States Code.

b. A duplicate Medal of Honor issued under Section 3754, 6256, or 8754 of Title 10 or Section 504 of Title 14 of the United States Code.

c. A replacement of a Medal of Honor provided under Section 3747, 6253, or 8747 of Title 10 or Section 501 of Title 14 of the United States Code.

(2) MATERIAL GAIN. Something of value received, bestowed, conferred, presented, granted, contributed, funded, gifted, donated, bequeathed, decided, or approved, regardless of the monetary, rumunerative, or tangible value. This includes, but is not limited to, food, lodging, compensation, travel expenses, placards, public benefits, public relief, financial relief, or anything in which or for which a tangible benefit was gained, even if the value of such is de minimis.

(b) A person commits the crime of theft of valor if he or she does any of the following:

(1) Knowingly wears, 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 anything of value for any of the following and receives a material gain, unless the person is authorized under applicable state or federal regulations or law:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(2) Falsely represents himself or herself, verbally or in writing, to have been awarded any of the following in order to receive, or attempt to receive, a material gain:

a. Any decoration or medal authorized by Congress for the Armed Forces of the United States.

b. A service medal or badge awarded to a member of the Armed Forces of the United States.

c. A ribbon, button, or rosette of any badge, decoration or medal, or any colorable imitation thereof.

(c)(1) Except as provided in subdivisions (2) and (3), theft of valor is a Class B misdemeanor.

(2) If any of the following decorations or medals, including a duplicate or replacement thereof, are the subject of an offense under subsection (b), the offense is a Class A misdemeanor and a minimum fine of five thousand dollars ($5,000) shall be imposed:

a. A Distinguished-Service Cross awarded under Section 3742 of Title 10 of the United States Code.

b. A Navy Cross awarded under Section 6242 of Title 10 of the United States Code.

c. An Air Force Cross awarded under Section 8742 of Section 10 of the United States Code.

d. A Silver Star awarded under Section 3746, 6244, or 8746 of Title 10 of the United States Code.

e. A Purple Heart awarded under Section 1129 of Title 10 of the United States Code.

(3) If a Congressional Medal of Honor is the subject of an offense under subsection (b), the offense is a Class C felony.

(d) Notwithstanding any other law, the limitation period for any prosecution under this section does not commence or begin to accrue until the discovery of the facts constituting the offense.

(Act 2015-69, §2.)