Senate
File
87
-
Introduced
SENATE
FILE
87
BY
HAMERLINCK
and
BLACK
A
BILL
FOR
An
Act
creating
criminal
offenses
for
falsely
claiming
the
1
receipt
of
certain
military
medals
or
decorations
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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87
Section
1.
NEW
SECTION
.
718B.1
Military
medals
or
1
decorations
protections
——
penalties.
2
1.
False
claims
about
receipt
of
military
decorations
or
3
medals.
A
person
shall
not
falsely
represent,
verbally
or
in
4
writing,
that
the
person
was
awarded
any
decoration
or
medal
5
authorized
by
the
United
States
Congress
for
the
armed
forces
6
of
the
United
States,
any
of
the
service
medals
or
badges
7
awarded
to
the
members
of
such
forces,
the
ribbon,
button,
8
or
rosette
of
any
such
badge,
decoration,
or
medal,
or
any
9
colorable
imitation
of
such
item.
A
person
violating
this
10
subsection
commits
a
serious
misdemeanor.
11
2.
Enhanced
penalty
for
offenses
involving
medal
of
honor.
12
a.
If
a
decoration
or
medal
involved
in
an
offense
13
under
subsection
1
is
a
medal
of
honor,
the
violation
is
an
14
aggravated
misdemeanor.
15
b.
For
purposes
of
this
subsection,
the
term
“medal
of
16
honor”
means
any
of
the
following:
17
(1)
A
medal
of
honor
awarded
under
10
U.S.C.
§
3741,
6241,
18
or
8741
or
14
U.S.C.
§
491.
19
(2)
A
duplicate
medal
of
honor
issued
under
10
U.S.C.
§
20
3754,
6256,
or
8754
or
14
U.S.C.
§
504.
21
(3)
A
replacement
of
a
medal
of
honor
provided
under
10
22
U.S.C.
§
3747,
6253,
or
8747
or
14
U.S.C.
§
501.
23
3.
Enhanced
penalty
for
offenses
involving
certain
other
24
medals.
If
a
decoration
or
medal
involved
in
an
offense
25
described
in
subsection
1
is
a
distinguished-service
cross
26
awarded
under
10
U.S.C.
§
3742,
a
navy
cross
awarded
under
10
27
U.S.C.
§
6242,
an
air
force
cross
awarded
under
10
U.S.C.
§
28
8742,
a
silver
star
awarded
under
10
U.S.C.
§
3746,
6244,
or
29
8746,
a
purple
heart
awarded
under
10
U.S.C.
§
1129,
or
any
30
replacement
or
duplicate
medal
for
such
medal
as
authorized
by
31
law,
the
violation
is
an
aggravated
misdemeanor.
32
EXPLANATION
33
This
bill
creates
a
criminal
offense
for
falsely
claiming
34
the
receipt
of
certain
military
medals
or
decorations.
Such
35
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87
offense
is
a
serious
misdemeanor.
Under
Code
chapter
903,
a
1
serious
misdemeanor
shall
carry
a
fine
of
at
least
$315
but
not
2
more
than
$1,875.
For
this
violation
a
court
may
also
order
3
imprisonment
of
not
more
than
one
year.
4
The
bill
creates
enhanced
sentences
if
the
medal
5
or
decoration
involved
is
the
medal
of
honor,
the
6
distinguished-service
cross,
navy
cross,
air
force
cross,
7
silver
star,
purple
heart,
or
a
replacement
or
duplicate
8
of
these
medals.
The
bill
elevates
these
violations
to
an
9
aggravated
misdemeanor.
Under
Code
chapter
903,
an
aggravated
10
misdemeanor
shall
carry
a
fine
of
at
least
$625
but
not
11
more
than
$6,250.
For
this
violation
a
court
may
also
order
12
imprisonment
of
not
more
than
two
years.
13
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