SENATE FILE 87

BY  HAMERLINCK and BLACK

A BILL FOR

An Act creating criminal offenses for falsely claiming the receipt of certain military medals or decorations and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  718B.1  Military medals or decorations protections —— penalties.
   1.  False claims about receipt of military decorations or medals.  A person shall not falsely represent, verbally or in writing, that the person was awarded any decoration or medal authorized by the United States Congress for the armed forces of the United States, any of the service medals or badges awarded to the members of such forces, the ribbon, button, or rosette of any such badge, decoration, or medal, or any colorable imitation of such item. A person violating this subsection commits a serious misdemeanor.
   2.  Enhanced penalty for offenses involving medal of honor.
   a.  If a decoration or medal involved in an offense under subsection 1 is a medal of honor, the violation is an aggravated misdemeanor.
   b.  For purposes of this subsection, the term“medal of honor” means any of the following:
   (1)  A medal of honor awarded under 10 U.S.C. § 3741, 6241, or 8741 or 14 U.S.C. § 491.
   (2)  A duplicate medal of honor issued under 10 U.S.C. § 3754, 6256, or 8754 or 14 U.S.C. § 504.
   (3)  A replacement of a medal of honor provided under 10 U.S.C. § 3747, 6253, or 8747 or 14 U.S.C. § 501.
   3.  Enhanced penalty for offenses involving certain other medals.  If a decoration or medal involved in an offense described in subsection 1 is a distinguished-service cross awarded under 10 U.S.C. § 3742, a navy cross awarded under 10 U.S.C. § 6242, an air force cross awarded under 10 U.S.C. § 8742, a silver star awarded under 10 U.S.C. § 3746, 6244, or 8746, a purple heart awarded under 10 U.S.C. § 1129, or any replacement or duplicate medal for such medal as authorized by law, the violation is an aggravated misdemeanor.
EXPLANATION
   This bill creates a criminal offense for falsely claiming the receipt of certain military medals or decorations. Such offense is a serious misdemeanor. Under Code chapter 903, a serious misdemeanor shall carry a fine of at least $315 but not more than $1,875. For this violation a court may also order imprisonment of not more than one year.
   The bill creates enhanced sentences if the medal or decoration involved is the medal of honor, the distinguished-service cross, navy cross, air force cross, silver star, purple heart, or a replacement or duplicate of these medals. The bill elevates these violations to an aggravated misdemeanor. Under Code chapter 903, an aggravated misdemeanor shall carry a fine of at least $625 but not more than $6,250. For this violation a court may also order imprisonment of not more than two years.