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ScottyMacEsq
ScottyMacEsq, Attorney
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Experience:  Licensed Texas General Practice Attorney
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Stolen valor law as it is viewed in New York State

Customer Question

stolen valor law as it is viewed in New York State
Submitted: 3 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 3 months ago.

Thank you for using JustAnswer.

Can you tell me what your specific question is?

Customer: replied 3 months ago.
I want to know what the law is in New York State on Stolen Valor. Is it a crime or not. what are the punisments if it is.
Expert:  ScottyMacEsq replied 3 months ago.

I see. One moment please...

Customer: replied 3 months ago.
no I am not calling you. I want your answer on this site so I can print it out.I am an all American district commander of the VFW
Expert:  ScottyMacEsq replied 3 months ago.

It is not currently a crime in New York under state law. There is a bill in place that has been passed by the Senate but not the Assembly (and thus not yet a law): https://www.nysenate.gov/legislation/bills/2015/s5201/amendment/original. If/when it is enacted, it would be a Class E felony (the least serious form of felony), which is 1-5 years in prison. Again, it is not yet a law, so it's not a crime under state law.

It is a crime under Federal law in certain instances: The Stolen Valor Act of 2013 amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:

a Medal of Honor (Army, Navy, Air Force, Marine Corps)
a Distinguished Service Cross,
a Navy Cross,
an Air Force Cross,
a Silver Star,
a Purple Heart,
a Combat Infantryman's Badge,
a Combat Action Badge,
a Combat Medical Badge,
a Combat Action Ribbon,
a Combat Action Medal, or
any replacement or duplicate medal for such medal as authorized by law.

Note that it's not enough to simply claim to have received them, but rather to do so with the intent to receive money or property. The previous Stolen Valor Act (much broader, in that it simply made it illegal to falsely claim this at all) was ruled unconstitutional as an infringement of freedom of speech.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 3 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 3 months ago.

Hello?

Expert:  ScottyMacEsq replied 3 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 3 months ago.

I see that you STILL have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 3 months ago.

Hello?

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