 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
impersonation; veteran; armed forces
Purpose
Establishes the criminal classification of impersonating a veteran, which a person commits by knowingly pretending to be a veteran and engaging in specified acts with intent to induce another to submit to the person's pretended authority or rely on the person's pretended official acts.
Background
Under federal law, individuals who fraudulently present themselves to be the recipient of specified decorations or medals of the military, with intent to obtain money, property, or other tangible benefits, must be either fined, imprisoned for not more than one year, or both. Military medals and decorations subject to enhanced penalties for fraudulent representation or receipt include: 1) various Congressional Medals of Honor; 2) a distinguished-service cross; 3) a Navy cross; 4) an Air Force cross; 5) a silver star; 6) a Purple Heart; and 7) various combat badges. Additionally, a person who knowingly purchases, solicits, manufactures, sells, trades or otherwise exchanges anything of value for service medals, badges or ribbons, must be either fined, imprisoned for not more than six months, or both (18 U.S.C. 704).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies the offense of impersonating a veteran of the U.S. Armed Forces, which a person commits by knowingly pretending to be a veteran and engaging in any following conduct with intent to induce another to submit to the person's pretended authority or to detrimentally rely on the person's pretended official acts:
a) pretending to be a veteran of any branch of the Uniformed Services without having served in that branch;
b) pretending to be a recipient of a decoration, medal, badge or tab that was not lawfully earned through military service;
c) pretending to have graduated from a military school from which the person did not graduate, or obtaining a military occupational specialty rating that the person did not obtain;
d) falsely claiming attendance at any of the following military academies or schools:
i. the U.S. Military Academy;
ii. the U.S. Naval Academy;
iii. the U.S. Air Force Academy;
iv. the U.S. Coast Guard Academy;
v. the U.S. Merchant Marine Academy;
vi. the U.S. Marine Corp and U.S. Army Sergeant Majors Academy;
vii. the U.S. Air Force Chiefs course;
viii. the U.S. Navy Senior Enlisted Academy; or
ix. all other military branch schools that produce an additional skills identifier qualification, including, ranger, seal, recon or special forces.
e) falsely pretending to be a combat veteran;
f) falsifying or altering military documents or records; or
g) pretending to have received a characterization of discharge that the person did not receive.
2. Classifies impersonating a veteran as a class 1 misdemeanor, except that impersonating a veteran is:
a) a class 6 felony if the benefit obtained has a value of at least $500 but less than $5,000;
b) a class 5 felony if the benefit obtained has a value of at least $5,000 but less than $10,000; or
c) a class 4 felony if the benefit obtained is at least $10,000 or if the person impersonates a veteran in furtherance of a campaign for political office.
3. Provides a defense to a prosecution for impersonating a veteran that the person can support their claims based on certified separation documents from the applicable Uniformed Service or the National Archives and Record administration.
4. Requires a prosecuting agency to obtain a certified copy of such separation documents, or receive notice that such documents do not exist, prior to filing a complaint or seeking an indictment.
5. Requires a person convicted of impersonating a veteran, and who is serving as an elected official at the time of conviction, to be removed from office within 10 days after sentencing.
6. Specifies that impersonating a veteran does not apply to:
a) actors or actresses who play a veteran in conjunction with a role in a production intended for entertainment; or
b) individuals experiencing homelessness who solicit donations of less than $50.
7. Define combat veteran.
8. Cites this legislation as the Master Sergeant Orlando Dona Valor Act.
9. Becomes effective on the general effective date.
House Action
FMAE 1/29/25 DPA 6-0-1-0
3rd Read 2/11/25 58-0-2
Prepared by Senate Research
March 24, 2025
ZD/ci