AB 1706, as amended, Chávez. Military fraud.
Existing law requires certain elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2005 that involves a false claim of receipt of any military decoration or medal, as specified, or the California Stolen Valor Act that involves a false claim, made with the intent to defraud, that the person is a veteran or a member of the Armed Forces of the United States. Existing law, the federal Stolen Valor Act of 2013, prohibits a person, with the intent to obtain money, property, or other tangible property, from fraudulently holding oneself out to be a recipient of a military decoration or medal, as specified.
This bill would instead require these elected officers to forfeit their office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 or the California Stolen Valor Act that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, as defined, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts.
Existing law makes it a misdemeanor for a person to falsely represent himself or herself as a veteran or member of the Armed Forces of the United States in connection with specified acts. Existing law provides that any person who, orally, in writing, or by wearing any military decoration, falsely represents himself or herself to have been awarded any military decoration, with the intent to defraud, is guilty of a misdemeanor.
This bill would conform those provisions to the federal Stolen Valor Act of 2013, and impose a misdemeanor only if the prescribed actions described above are made with the intent to obtain money, property, or other tangible benefit, as defined. The bill would
expand the above-described crime relatedbegin insert toend insert misrepresentation tobegin insert includeend insert a person who falsely represents himself or herself as a veteran or member of other specified armed forces with the intent to obtain money, property, or other tangiblebegin delete benefits.end deletebegin insert benefit.end insert The bill would additionally make it a misdemeanor for a person to misrepresent himself or herself as a member or veteran of specified armed forces in connection with certain acts, such as, among other things, the forgery or use of falsified military documentation, or for purposes of employment or promoting a business, charity, or other endeavor, as
prescribed.
By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3003 of the Government Code is amended
2to read:
(a) An elected officer of the state or a city, county, city
4and county, or district in this state forfeits his or her office upon
5the conviction of a crime pursuant to the federal Stolen Valor Act
6of 2013 (18 U.S.C. Sec.
704) or the California Stolen Valor Act
7(as specified in Section 532b of the Penal Code), that involves a
8fraudulent claim, made with the intent to obtain money, property,
9or other tangible benefit, that the person is a veteran or a member
P3 1of the Armed Forces of the United States, as prescribed in those
2acts.
3(b) For purposes of this section, the following terms shall have
4the following meanings:
5(1) “District” means any agency of the state formed pursuant
6to general law or special act, for the local performance of
7governmental or proprietary functions within limited boundaries.
8(2) “Tangible benefit” means financial remuneration, an effect
9on the outcome of a criminal or civil court proceeding,begin delete an effect
or any benefit relating to service in the military that
10on an election,end delete
11is provided by a federal, state, or local governmental entity.
Section 532b of the Penal Code is amended to read:
(a) Any person who fraudulently represents himself or
14herself as a veteran or ex-serviceman of any war in which the
15United States was engaged, in connection with the soliciting of
16aid or the sale or attempted sale of any property, is guilty of a
17misdemeanor.
18(b) Any person who fraudulently claims, or presents himself or
19herself, to be a veteran or member of the Armed Forces
of the
20United States, the California National Guard, the State Military
21Reserve, the Naval Militia, the national guard of any other state,
22or any other reserve component of the Armed Forces of the United
23States, with the intent to obtain money, property, or other tangible
24benefit, is guilty of a misdemeanor.
25(c) (1) Except as provided in paragraph (2), any person who,
26orally, in writing, or by wearing any military decoration, falsely
27represents himself or herself to have been awarded any military
28decoration, with the intent to obtain money, property, or other
29tangible benefit, is guilty of a misdemeanor.
30(2) This offense is an infraction or a misdemeanor, subject to
31Sections 19.6, 19.7, and 19.8, if the person committing the offense
32is a veteran
of the Armed Forces of the United States.
33(d) Any person who forges documentation reflecting the
34awarding of any military decoration that he or she has not received
35for the purposes of obtaining money, property, or receiving a
36tangible benefit is guilty of a misdemeanor.
37(e) Any person who knowingly, with the intent to impersonate
38and to deceive, for the purposes of obtaining money, property, or
39receiving a tangible benefit, misrepresents himself or herself as a
40member or veteran of the Armed Forces of the United States, the
P4 1California National Guard, the State Military Reserve, or the Naval
2Militia by wearing the uniform or military decoration authorized
3for use by the members or veterans of those forces, is guilty of a
4misdemeanor.
5(f) Any person who knowingly utilizes falsified military
6identification for the purposes of obtaining money, property, or
7receiving a tangible benefit, is guilty of a misdemeanor.
8(g) Any person who knowingly, with the intent to impersonate,
9for the purposes of promoting a business, charity, or endeavor,
10
misrepresents himself or herself as a member or veteran of the
11Armed Forces of the United States, the California National Guard,
12the State Military Reserve, or the Naval Militia by wearing the
13uniform or military decoration authorized for use by the members
14or veterans of those forces, is guilty of a misdemeanor.
15(h) Any person who knowingly, with the intent to gain an
16advantage for employment purposes, misrepresents himself or
17herself as a member or veteran of the Armed Forces of the United
18States, the California National Guard, the State Military Reserve,
19or the Naval Militia by wearing the uniform or military decoration
20authorized for use by the members or veterans of those forces, is
21guilty of a misdemeanor.
22(i) This section does not apply to face-to-face
solicitations
23involving less than ten dollars ($10).
24(j) This section, Section 3003 of the Government Code, and
25Section 1821 of the Military and Veterans Code shall be known
26and may be cited as the California Stolen Valor Act.
27(k) For purposes of this section, the following terms shall have
28the following meanings:
29(1) “Military decoration” means any decoration or medal from
30the Armed Forces of the United States, the California National
31Guard, the State Military Reserve, or the Naval Militia, or any
32service medals or badges awarded to the members of those forces,
33or the ribbon, button, or rosette of that badge, decoration, or medal,
34or any colorable imitation of that item.
35(2) “Tangible benefit” means financial remuneration, an effect
36on the outcome of a criminal or civil court proceeding,begin delete an effect or any benefit relating to service in the military that
37on an election,end delete
38is provided by a federal, state, or local governmental entity.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P5 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
O
98